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(영문) 광주고등법원 (전주) 2019.09.03 2018노240
공직선거법위반
Text

The judgment below

The acquittal portion shall be reversed.

Of the facts charged in this case, violation of the Public Official Election Act due to the contribution act.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles (not guilty part of the judgment of the lower court) the lower court determined that B product sewage managers were used to resolve a community civil petition and that AL provided B product sewage to others, but the B product sewage officers were provided for the personal interest of AH and AL did not provide B product sewage to others. Thus, the lower court erred in the misapprehension of facts.

The court below judged that the illegality of the defendant's act is excluded because it is within the scope of social order which has been historically created as a kind of normal living style. However, the defendant, as a City Council member, contributed B product sewage for the personal benefit of AH by using influence and friendship as a City Council member, so the judgment of the court below is erroneous in the misapprehension of legal principles as to the grounds for the dismissal of illegality.

The sentence of an unreasonable sentencing (guilty part of the judgment of the court below) by the court below is too unfeasible and unfair.

The judgment below

Before determining the grounds for appeal as to the portion of innocence, the Prosecutor applied for amendments to the indictment with the content that changes the facts charged as stated in Paragraph (1) below, while the prosecutor maintained the name of the crime and the applicable provisions of Acts in this court, and the subject of the judgment is changed by the court's permission. As such, the part of the judgment of the court below which rendered the judgment of not guilty cannot be maintained any more.

The judgment below

The crime of this case as to convictions among the crimes of this case requires strict punishment as acts impeding the establishment of a fair election culture, by holding a meeting of the head of the Ri, and making an election campaign prior to the election campaign period, by stating that the defendant had made an election campaign prior to the election campaign period, by attending the meeting of the head of the Ri, and speaking to appeal for support for him.

However, the defendant is not guilty.

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