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(영문) 부산고등법원 (창원) 2014.12.24 2014노327
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 700,000) declared by the lower court is too unfilled and unreasonable.

2. Each of the instant crimes committed on June 4, 2014, where: (a) the Defendant intended to leave the National Assembly of the 6th local constituency local election commission as proportional representative candidates on the 350th anniversary of the fact that the election campaign for proportional representative candidates was significantly restricted compared to the candidate for the local constituency; (b) the fact that the election campaign for proportional representative candidates was distributed to the residents in the constituency that the name of the political party to which he/she belongs and his/her name and career, etc. were entered before the election campaign period; (c) the fact that the Defendant was distributed from the 6th local election commission to the 350th local election commission, which was implemented on June 4, 2014; and (d) the fact that the Defendant obtained T40 marks from the 50th local election commission to the 250th election commission; and (d) the fact that it is difficult to deem the Defendant’s election campaign to be a candidate for proportional representative candidates in light of the result and the fact that he/she was not a candidate for the above 2514th election commission.

As the former U.S. political party does not keep the 6th nationwide election, it seems that there is a realistic need to replace and use the name of the new party name and symbol because it used a new name and symbol, the Defendant who was a member of the relevant political party appears to have been in a practical need to replace and use the name of the new party name and symbol, and the Defendant’s above assertion regarding such circumstances is not acceptable.).

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