logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.09.25 2015노487
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts and misapprehension of legal principles (defendants) that the defendant paid to B is not a consideration for election campaign.

The defendant paid the above money for the purpose of aiding and abetting B which is difficult to live.

B was made a statement unfavorable to the Defendant on the ground that the Defendant was a candidate for the competition of the Defendant, Q Q, and that the statement is not trustable.

The sentencing of the court below (the defendant, the prosecutor) on the grounds that the sentencing of unfair sentencing (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

(i)the defendant is too uneasible to the contrary;

(1) A prosecutor. Determination of mistake of facts and misapprehension of legal principles 1) The facts found guilty by the lower court are that the Defendant provided 1.4 million won to “B in connection with an election campaign.” However, “election campaign” under Article 135(3) of the Public Official Election Act means “inciting matters concerning an election campaign,” which is more extensive than “for an election campaign,” and even if there was no purpose of influencing the purpose of election campaign or the election, the act itself was established in the need to regulate activities that are highly likely to infringe on the freedom and fairness of the election. Thus, money and valuables are not required to be the price for an election campaign, and are included in the election campaign, such as the cost for providing information related to the election campaign, and the cost for the election campaign (see Supreme Court Decision 2013Do4146, Jan. 23, 2014). The core of the Defendant’s appeal is difficult to recognize the Defendant’s statement based on the facts charged in light of various circumstances cited in the grounds for appeal.

The court below judged that the testimony of B was reliable on the grounds of various grounds, and recognized as follows based on the evidence duly adopted and examined by the court below and the court below.

arrow