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(영문) 서울고등법원 2014.07.10 2014노814
공직선거법위반등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A is not guilty. 2. Defendant B’s appeal

Reasons

1. Summary of facts charged, the judgment of the court below, and the grounds for appeal

A. Summary of the facts charged 1) Defendant A, Seoul Central District Court 2013 Gohap578 (Public prosecution on June 14, 2013 by the Prosecutor Jin-ray), on January 7, 1990 (hereinafter “National Intelligence Service”).

On June 30, 2009, Defendant B retired from office. Defendant B was employed on May 27, 1991 and was removed from office on February 8, 2013.) Defendant A in violation of the Public Official Election Act (hereinafter “Defendant A”) planned an election campaign to assist in the election of BJ candidates with the scope of cyber activities by the J group around December 2012, 201, taking advantage of the fact that Defendant B was an incumbent member of the State Council at the time, Defendant B was a current member of the State Council. Defendant B instructed Defendant B to obtain the status of a public official under the direction of Defendant A to carry out the election campaign, and to facilitate the implementation of Defendant A’s plan by identifying the status of the public official under the direction of Defendant B so that the implementation of the election campaign by inducing Defendant B to participate in the election at the scene or by providing information on the status of the public official under the direction of the head of the State Council, and Defendant B planned or provided information on the status of the above public official under the direction of the President B to the State Council.

B) Defendant B’s violation of the NIS staff Act (i.e., disclosure of confidential information that Defendant B came to know in the course of performing his duties) is confirmed through the employees of the NISH affiliated with the NIS or parking lot within the NIS, from December 4, 2012 to December 11, 2012.

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