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(영문) 서울고등법원 2019.07.26 2019노903
공직선거법위반
Text

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

Reasons

1. Summary of grounds for appeal;

A. According to the statement of Defendant A’s investigative agency on June 1, 2018 (not guilty part against the Defendant) and the statement of H, L, J, and I, each of the following facts: (a) the instant meeting was made between the people of another group that is entirely unaware of each other; (b) the reference to the F candidate of the instant meeting was made before and after the instant meeting; and (c) the process and method of organizing the meeting was not ordinary.

According to this, the meeting of this case is a meeting held for the purpose of influencing the election by expanding the support rate of the F candidate who was going out of the D election, and even if the defendant A made a contribution at the time, the court below acquitted the defendants of violation of the Public Official Election Act by holding the meeting of this case against the defendants, and violation of the Public Official Election Act by violating the restriction on the act of contribution to the defendant A, by misunderstanding of facts or misunderstanding of legal principles.

B. The sentence (70,000,000,000,000 won) imposed by the court below against Defendant A is too uneasible and unreasonable.

2. Determination

A. Judgment on the misunderstanding of facts or misapprehension of legal principles against the Defendants 1) The summary of this part of the facts charged is as a member of the C Residential Self-Governing Committee, and the head of Tong/Ri/Dong and the member of the Do Residential Self-Governing Committee established in the Eup/Myeon/Dong Resident Self-Governing Center shall not conduct an election campaign. A) No person who committed a single crime by

Nevertheless, Defendant A’s following 2-

(a) the 7th anniversary of June 13, 2018, as described in paragraph (1)(b) and at the same time and at the same place as described in paragraph (b), support for the F candidate who was released as a candidate to which the E Party belongs in connection with the election of the nationwide provincial election D.

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