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(영문) 서울고등법원 (춘천) 2019.07.03 2019노75
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the violation of the Public Official Election Act due to the misunderstanding of facts and misapprehension of legal principles, Defendant 1 was the one who was the one who was the one who was the elector of the pertinent election, and the other who was the one who was the one who was the one who was the one who was the one who was the one who was the one who was the one who was the one who was the one who was the one who

(2) The crime of violation of the Public Official Election Act due to door-to-door visits under Articles 255(1)17 and 106(1) of the relevant Public Official Election Act is established only where a candidate conducts a door-to-door visit for an election campaign during the election campaign period, or conducts an election campaign by door-to-door visits during the election campaign period, and the “person who is not a candidate” does not establish a door-to-door visit for an election campaign during the election campaign period.

However, the Defendant, prior to becoming a candidate for C market and prior to the election campaign period, was visiting the instant door-to-door visit on March 13, 2018, which was prior to the election campaign period, and in itself, the said crime is not established.

(3) In order to establish a crime of violating Article 106(1) of the Public Official Election Act as to whether a door-to-door visit was made for election campaign, the Defendant’s act should be recognized as having been “for election campaign”.

However, the Defendant’s visit, such as the viewing of the Defendant, was merely conducted by a person, and it cannot be deemed that the visit was made for election campaign according to the time, circumstances, Defendant’s speech and behavior, and the statement of related persons

(4) Under Article 106(1) and (2) of the Public Official Election Act, a meeting of the second floor of the E Residential Self-Governing Center listed in the No. 1 attached Table No. 1 and a meeting of the C viewing division listed in the No. 4-14 attached Table No. 106(2) of the Public Official Election Act, in which the Defendant visited, is allowed to visit each of the “other places open to the public.”

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