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(영문) 광주고등법원 2015.10.29 2015노423

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On May 4, 2014, the Defendant directly read the contents of L’s articles, and received reports from the employees, and led them to the publication of the election campaign bulletin in a state where he is well aware of the contents.

B. The Defendant did not have the sovereignty or citizenship of the United States, and did not have been engaged in volunteer activities for more than 500 hours annually, and thus, he did not have the qualification of G, and in light of the above process of winning the award even though the Defendant did not have submitted the Defendant’s public data at the Defendant or E-Gun office, the Defendant did not have any doubts as to the authenticity of the above G, and even though L’s above suspicion reports were made, the Defendant’s publication of the election campaign bulletin was demoted.

C. Considering the above circumstances, at least at the time of publication of the election campaign bulletin, the Defendant had dolusence to the fact that the instant G could be fake.

Nevertheless, the lower court acquitted the Defendant of the instant facts charged on the ground that the Defendant did not have any conclusive intention on the false facts.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is a person who registered as a candidate for E-Gun in the 6th nationwide local election held on June 4, 2014 and won in the election.

No person shall publish any false information about his/her birth, status, occupation, career, property, personality, or activity, such as property, in favor of a candidate through a speech, communication, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of

On July 27, 2012, the Defendant awarded the said G with anywhere any organization that conferred GH level to itself through the G, the G, the B, the Republic of Korea, on July 27, 2012.

However, G's qualification is limited to U.S. citizens or legitimate permanent residents, and in the case of adults, at least 10 hours per year.