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(영문) 부산고등법원 (창원) 2019.08.28 2019노90
공직선거법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 800,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles), the lower court acquitted the Defendants on all the charges of this case on the ground that the act of the head of local government promoting his achievements in the election to be held by him is not included in the “act of promoting the achievements of candidates (including those who want to become candidates; hereinafter the same shall apply) prohibited under Article 86(1)1 of the Public Official Election Act (hereinafter “instant provision”).

① However, the head of a local government can conduct an election campaign only after the registration of a preliminary candidate was suspended and cannot conduct any election campaign before it. ② Article 86(5) of the Public Official Election Act regulates public relations activities of the local government that can be conducted by the head of a local government without any restriction. If the head of a local government can promote his achievements without being subject to the provision of this case, the legislative purpose of Article 86(5) of the Public Official Election Act is lost; ③ Supreme Court Decision 201Do3862 Decided July 14, 201, etc., comprehensively taking into account the fact that the act of the head of a local government promoting his achievements in the election to be launched by himself constitutes a violation of the provision of this case, the facts charged against the Defendants shall be deemed to constitute a violation of the provision of this case. Unlike this, the court below erred by misunderstanding of facts or by misapprehending legal principles.

2. Determination

A. The summary of the facts charged lies in D market from July 1, 2014 to June 30, 2018, and Defendant A registered as a preliminary candidate for D market E-political parties on May 21, 2018 in connection with the 7th nationwide local election, and was elected in D market on June 13, 2018, and Defendant B and C were elected in D market at Defendant A’s election campaign.

A public official shall provide education or whatever to the personnel under his control or the electorate.

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