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(영문) 대구고등법원 2018.02.06 2017노618
공직선거법위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Progress of litigation;

A. Of the instant facts charged against the Defendant on April 19, 2015, the lower court acquitted the Defendant on the violation of the Public Official Election Act due to violation of the Act on the Restriction on Contribution by Persons, the violation of the Act on the Election of Public Officials due to the Publication of False Information for the Purposes of Dempied, the violation of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc. due to Slanders, the violation of the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, etc. due to defamation of the Slanders, and the violation of the Act on Election of Public Officials due to public opinion pollss within six days before the election day, and the Defendant was acquitted on the violation of the Act on Election of Public Officials due to the provision of money and goods related to each election campaign, and sentenced the Defendant to imprisonment for one year and two years after the suspension of execution on January 27, 2016. The Defendant appealed

B. On January 27, 2016, the first trial date prior to remand, a public prosecutor found a not-guilty verdict at the court below, while maintaining “violation of the Public Official Election Act due to a violation of the Act on the Election of Public Officials due to a violation of the Restriction on Contribution Act” related to the provision of foods on January 27, 2016 among the facts charged in the instant case, and applying the law as a preliminary charge to add “violation of the Act on the Election of Public Officials due to the Encouragement of Sales and Understanding” and “Article 230(1)3 of the Act on the Election of Public Officials.” The depth of the transmission transmission bank permitted this, and the part of the offense of violation of the Act on the Election of Public Officials due to the preliminary purchase and the inducement of understanding constitutes a case where there is no proof of a crime, and all of them were dismissed.

(c)

In relation to the judgment of the court prior to remand, the defendant, on the ground that the court below erred in the misapprehension of legal principles as to the violation of public official election law due to publication of false information for the purpose of abortion, the prosecutor made each appeal on the part of innocence.

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