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(영문) 대전고등법원 2015.05.27 2015노24

공직선거법위반

Text

1. The judgment of the court below is in violation of the Public Official Election Act due to the contribution act to AO among the part against Defendant A.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant A (Publication of False Facts) worked as a person in charge of civil-petition as the head of the civil-petition office at the time when Defendant was employed in the court of Grade VII, and thus, Defendant A’s name, campaign posters, and campaign bulletin “the head of the Daejeon District Court civil-petition” recorded in the election campaign bulletin materials, and there was no awareness of false facts. Nevertheless, the court below found the Defendant guilty of this part of the facts charged. The court below erred by misapprehending the legal principles or misapprehending the legal principles, which affected the conclusion of the judgment. 2) The court below acquitted the Defendant of this part of the facts charged, on May 2013, 201, on the ground that the Defendant was guilty of the facts against the head of the K-Gun branch on the pretext of the campaign bulletin (contribution act and election campaign-related benefits) under the pretext of the campaign bulletin for the use of the campaign bulletin for the election campaign of Grade VII, which led to the objective recognition of the Defendant who would have an intention to run for the election.

C. Although the Defendant, who provided benefits related to election campaign, paid B around March 26, 2014, paid KRW 700,000 to B, was not a salary for having worked as an office worker at B, but an allowance for distributing and spraying the Defendant’s name cards in connection with the election campaign, the lower court recognized that the said money was paid as an allowance for the Defendant’s act of distributing and spraying the name cards in connection with the election campaign.

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