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(영문) 대전지방법원 2021.03.25 2020노1690

공공단체등위탁선거에관한법률위반등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Reasons for appeal

A. The judgment of the court below that found Defendant A not guilty of this part of the facts charged is unjustifiable even though Defendant A’s act of transmitting a list of private members to D in the situation where Defendant A’s election campaign was highly advanced, and requesting the examination constitutes an advance election campaign seeking the election of Defendant.

2) Even if Defendant A’s phone call to Q Q for an election campaign prior to the election campaign period on February 2, 2019, the lower court found Defendant A not guilty of this part of the facts charged on the grounds that it is insufficient to recognize the fact that Q was a day prior to the election campaign period based on Q’s legal statement. The lower court’s judgment erred by misapprehending the facts.

B. When misunderstanding the legal principles (as to Defendant B’s acquittal portion), Defendant B donated a donation to the parents of the union members on the pretext of a medical examination as a gold in the bottle, it constitutes a courtesy act.

The judgment of the court below which acquitted this part of the facts charged on the ground that it is difficult to see it as an act of occupational duty as the head of the center.

(c)

Sentencing (In relation to the Defendants), the sentence of the lower court (2 million won for the violation of the Personal Information Protection Act, and 700,000 won for the violation of the Act on Entrusted Elections such as public organizations, etc., and 700,000 won for the defendant B) is deemed to be too uneasible and unfair.

Judgment

A. 1) Determination as to Defendant A’s assertion of misunderstanding of facts (as to Defendant A’s acquittal part) 1) Additional circumstances that can be recognized by the lower court and the evidence duly admitted and investigated by the lower court on various circumstances presented by the lower court, i.e., the following additional circumstances, which can be recognized by the evidence duly admitted and investigated by the lower court and the lower court. D is familiar with the purpose of investigating the actual condition of village members and checking errors in the entries of the list of union members.