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(영문) 부산고등법원 2015.03.18 2015노41
지방교육자치에관한법률위반
Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D shall be punished by a fine of 800,000 won.

Defendant

D. A. D.

Reasons

1. Summary of grounds for appeal;

A. Considering the fact that Defendant C’s mistake is against himself and the instant crime was contingent, it is unreasonable that the sentence of the lower court’s sentence against Defendant C (a fine of three million won) is too unreasonable.

B. In light of the fact that Defendant D’s Defendant D’s mistake is against his own mistake and that text messages are sent only to the neighbors, the sentence of the lower court’s sentence against Defendant D (a fine of KRW 1.5 million) is too unreasonable.

C. Prosecutor 1) misunderstanding of the legal principles (as to the violation of the Local Education Autonomy Act due to the publication of false facts among the facts charged against Defendant C), "career" means matters that affect the elector's fair judgment by recognizing the candidate's performance and ability, such as candidate's behavior or private, etc. The result of the public opinion poll reflects the overall evaluation of the candidate's behavior, private, performance, ability, etc., and thus indicate the candidate's success possibility. The result of the public opinion poll naturally shows the candidate's success possibility. The candidate's candidate's performance and ability cannot be perceived as the candidate's performance and ability. However, the court below acquitted the Defendant of this part of the facts charged on the ground that the text message sent by Defendant C by misunderstanding of the legal principles does not fall under the candidate's career, etc. under Article 250 (1) of the Public Official Election Act. 2) The crime of this case is likely to interfere with the elector's free decision-making by allowing the elector to make an election, thereby impairing the fairness of the election.

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