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(영문) 서울고등법원 2014.12.18 2014노2822
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the judgment below which acquitted the Defendant of the removal of the banner on the ground that there is no evidence as to this point, is unlawful.

2. Determination

A. The facts charged and the lower court’s judgment 1) The Defendant is the Director of the Seoul Apartment Management Office. No one shall interfere with the preparation, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act without justifiable grounds. Nevertheless, around 10:00 on May 22, 2014, the Defendant: (a) placed a banner (7m, 1m in length, 1m in length) installed by the “F going out to the E Party” in the Dowon electoral constituency installed in the above apartment 206 pent; (b) installed in the Dowonal constituency in the above apartment 105 dong; (c) installed a banner (7m, 1m in length, 1m in length) installed in the G party candidate at the Do governor election district in the above apartment 105 dong; and (d) removed the remaining banner installed in the Do governor’s election commission’s 27m in the pertinent charge without justifiable grounds; and (d) the lower court determined that the Defendant’s lawful act was not guilty.

B. 1) In the organization of the issues and below, first of all, the banner removed by the Defendant (hereinafter “each of the instant placards”).

It satisfies the requirements set forth in Article 67 of the Public Official Election Act.

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