(영문) 대구지방법원 2016.08.19 2015노4670 | 리걸엔진

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(영문) 대구지방법원 2016.08.19 2015노4670

공공단체등위탁선거에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor (not guilty part of the judgment of the court below), the court below acquitted the Defendant of this part of the facts charged, even though the Defendant, who is the candidate for the election of the head of the NAF, was fully aware of the fact that he made a contribution to around February 18, 2015, the period for which the restriction on contribution was imposed, was the period for the restriction on contribution,

B. The sentence sentenced by the lower court (amounting to KRW 800,000) is too unhued and unfair.

2. Determination

A. Determination on the assertion of mistake of facts 1) A person who intends to become a candidate for a public prosecutor’s office may not make a contribution during the contribution-restricted period.

Nevertheless, on February 18, 2015, the Defendant made a contribution in a manner that, at the house of the members of the NAF located in F at the time of permanent stay in P.M., the Defendant made a contribution in a manner that, in the manner that, at the time of permanent stay in P.M., 50,000 won was collected from musical members and 50,00

2) In a criminal trial, the burden of proof for the criminal facts prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that leads a judge to feel true enough to have no reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 2000). The lower court: (1) The lower court found the defendant at around February 16, 2015 at the Election Management Committee and the police station.

However, the prosecutor reversed the statement that "the time was not accurate and at the time of Q.I.D.", and it is difficult to exclude the possibility that his statement was changed due to the lack of consistency in the statement, and the possibility that his statement would be inconsistent with the defendant's monetary details and the base state address, and ② The election management committee has from the defendant.

참조판례

-대법원 2000. 2. 25. 선고 99도4305 판결

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