logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.05.26 2015노622
공공단체등위탁선거에관한법률위반
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor's sentence (unfair sentencing) of the court below (defendant A, B: 6 months of imprisonment and 1 year of suspended sentence; 8 months of imprisonment and 2 years of suspended sentence; 1.5 million won of fine) is too uneased and unfair.

B. Defendants 1) Defendant A and B (unfair sentencing)’s punishment is too unreasonable.

2) Defendant CA’s misunderstanding of facts or misunderstanding of legal principles (crime No. 2.b., in the judgment of the court below), Defendant C voluntarily called for the co-defendants (hereinafter “defendants”) to the members, and it does not constitute an election campaign in collusion with Defendant D.

B) The sentence of the lower court’s improper sentencing is too unreasonable.

3) Article 24 of the former Act on Entrusted Elections (amended by Act No. 13619, Dec. 24, 2015; hereinafter “Entrusted Election Act”) which prohibits Defendant D’s misunderstanding of facts or misapprehension of legal principles (1) from entirely prohibiting a non-candidate’s election campaign, is null and void in violation of Article 37(2) of the Constitution, since it excessively limits the freedom of expression in order to achieve the purpose of achieving the fairness of election.

(2) The punishment of Defendant D as an accomplice for an election campaign by a person who is not a candidate for Defendant B and C goes against the principle of criminal justice.

(3) Defendant B and C had a phone call voluntarily complaining of their support to the members, and there was no conspiracy with Defendant D.

(4) Defendant B is a list of offenses in attached Form B.

1. There was no appeal for Defendant D’s support by phone call from A Q and R, as described in paragraphs 6 and 10.

B) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principles on Defendant C and D’s assertion of misunderstanding of the facts or misapprehension of the legal principles on Defendant D) The election of the president of a cooperative, etc. under the Cooperative Act on Fisheries as to whether Article 24 of the Entrustment Election Act is invalid because it violates the Constitution or becomes null and void, is based on the national sovereignty stipulated in the Constitution.

arrow