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(영문) 서울고등법원 2019.03.27 2018노2940
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are installed with the instant banner to resolve the problems in the process of approving D’s change of manufacturing method. This is merely an act for the public interest, and did not have an intention to influence the election. Even if the above purpose is recognized, it constitutes a justifiable act that does not contravene social rules and constitutes a justifiable act. 2) The sentence of the lower court of unfair sentencing (fine 800,000 won, confiscation) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. As to whether there was “the purpose of influencing the election” or not, the Defendant argued the same purport in the lower court, and the lower court rejected its assertion in detail. In full view of the following circumstances cited by the lower court and the evidence duly adopted and investigated by the lower court, the lower court’s determination that the Defendant installed the instant banner for the purpose of “the purpose of influencing the election” is justifiable, and thus, the Defendant’s assertion on this part is without merit.

① 피고인이 설치한 현수막에는 “F정당과 G 대통령후보 불법제조 C회사 D 부당 비호!!!, C 초 거대비리<식약처, 국세청, 법제처, 검찰 및 사법부> 적폐청산 거부 이유 밝혀라!!!”는 문구가 기재되어 있는데, 이는 G 대통령후보자에게 불리한 사실로서 유권자들의 후보자선택에 영향을 미칠 수 있는 사항이다.

② At the time of the presidential election, the Defendant posted a banner with the aforementioned contents so that many and unspecified people can view it in the vicinity of the F Party.

(3) The defendant shall observe the contents of a banner installed by himself/herself at an investigative agency against G Council members.

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