[지방의회의원선거법위반][공1992.6.15.(922),1785]
(a) Whether an act of slandering a candidate of a basic council member by openly pointing out facts for the purpose of preventing a specific candidate from winning an election at the joint speech meeting constitutes Article 177 (1) of the Act on the Promotion of Local Council Members (affirmative)
B. Whether an act of making a campaign speech to support a specific candidate while resigning from a candidate under Article 180(1)1 and Article 41(1)1 of the same Act constitutes an act of making an election campaign for the candidate (affirmative)
A. In a case where a candidate of a basic council member made a campaign speech at a joint campaign speech meeting by publicly pointing out a fact that he/she intended to another person or that his/her privacy is not clean, it constitutes an offense under Article 177(1) of the Local Assembly Members Act.
B. The crime under Article 180(1)1 and Article 41(1) of the same Act is a crime where a person under the above Article 180(1)1 and Article 41(1) where he made a campaign speech supporting a specific candidate even though he/she is unable to carry out an election campaign while resigning from the candidate.
(a) Articles 177 (1) and 180 (1) 1 and 41 (1) of the Act on the Promotion of Local Council Members of the same Act;
Defendant
Defendant
Seoul High Court Decision 91No4384 delivered on January 24, 1992
The appeal is dismissed.
We examine the grounds of appeal.
The court below did not err in the rules of evidence in the process of cooking the evidence which was conducted to acknowledge the criminal facts of this case against the defendant.
In light of the record, even though the defendant did not disclose the name of the candidate 1 in the joint speech meeting held on March 1991 on March 19, 191, it is not difficult to recognize that the contents of the defendant's speech are referred to non-indicted 1.
If the defendant makes a campaign speech as a candidate for a basic council member at the joint campaign speech meeting held by him/her, by openly pointing out facts as stated in the reasoning, such as that he/she intended to another person or that his/her privacy is not clean, then if he/she conducts an election campaign by a candidate non-party 2 by making a campaign, as stated in its reasoning, even though he/she is unable to engage in an election campaign while resigning from the candidate, it constitutes a crime under Articles 180 (1) 1 and 41 (1) of the same Act, and thus, there is no error in the misapprehension of legal principles as pointed out by the court below.
As in the instant case, the judgment sentenced to a fine as in the instant case does not constitute a legitimate ground of appeal on the ground that sentencing is unreasonable. All of the arguments are without merit.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Yong-sung (Presiding Justice)