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(영문) 광주고등법원 2016.12.08 2016노317
공직선거법위반
Text

The judgment below

The parts of the defendant A, B, C, D, E, and F shall be reversed.

Defendant

A and C shall be punished by imprisonment with labor for one year.

Reasons

1. Summary of grounds for appeal;

A. Establishment of a private organization, establishment of an election campaign under the name of organization, and prior election campaign: The defendant did not have been involved in the establishment and operation of the Wsan Mountain Association.

In addition, it is merely an activity aimed at enhancing the defendant's awareness and positive image, and thus does not constitute an election campaign. Therefore, the establishment of the W Mountain Conference constitutes the establishment of a private organization for election campaign.

No person shall be deemed to have carried out an election campaign or a prior election campaign through a W mountain conference.

In addition, the defendant's response to his sexual harassment is a justifiable act that does not go against the social rules.

B) The point of contribution: The number of 5,970 persons, who are electors or electors and persons related to the electorates, who are specified as persons to be contributed by the prosecutor, is an exaggerated value, at the expense of the bus mobilized for the mountain campaign of the W mountain conference. Moreover, the Defendant did not have deposited KRW 2,10,000 in cash 2.10,00 won through the DP at the time of the mountain campaign on November 7, 2015, and the Defendant deposited KRW 2,10,000 in cash received from E. In addition, there was no conspiracy for the Defendant to provide other Defendants and the participants in the mountain campaign of the W mountain conference with property benefits. 2) The imprisonment (one year, confiscation) of the lower court against the Defendant of unfair sentencing is too unreasonable.

B. The lower court’s sentence against the Defendants B, D, and H (the Defendant B’s imprisonment with labor for 10 months, suspended sentence two years, confiscated, Defendant D: imprisonment with labor for 10 months, confiscated, and Defendant H: KRW 5 million) is too unreasonable.

C. Defendant C (De facto mistake, misunderstanding of legal principles, unreasonable sentencing) 1) establishment of private organization, election campaign in the name of organization, and election campaign.

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