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(영문) 부산고등법원 (창원) 2019.05.22 2019노54
공직선거법위반등
Text

The judgment below

Part 1 of the judgment is reversed.

A fine of KRW 3,00,000 shall be imposed on the first offense against the Defendant’s decision.

Reasons

Summary of Grounds for Appeal

Defendant

The misunderstanding of facts (as to the crime No. 1 in the market) committed a misunderstanding of facts against the victim C (hereinafter referred to as the "victim") who had engaged in an election campaign with the G office operated by the defendant's ship (hereinafter referred to as the "office") by the defendant's ship (hereinafter referred to as the "victim"), and there was a misunderstanding of facts as to whether the victim took a bath or took an article by making the 'bparty support' as the 'bparty support' as soon as the 'b party support', but there was no fact that the flasing of the flas in the office, or the flasing of the flas of the flas

The sentence imposed by the court below on the defendant (the fine of KRW 3,00,000 for the first crime on the market, and the fine of KRW 2,00 for the second crime in its ruling) is too unreasonable.

The above-mentioned sentence imposed by the court below on the defendant is too unhued and unfair.

Judgment

We examine ex officio the judgment on the part concerning the first crime and the reasons for appeal by the defendant and prosecutor prior to the judgment.

In the facts charged about the first crime (violation of the Public Official Election Act and the crime of injury) in the judgment of the court, the prosecutor applied for the amendment of the indictment to delete the phrase "for the victim's body" from among the facts charged about the first crime (the crime of violation of the Public Official Election Act and the crime of injury). Since the judgment of the court is changed, the part concerning the first crime

However, despite such reasons for ex officio destruction, the defendant and the prosecutor's assertion of misunderstanding of facts about the first crime and the second crime in the decision of dismissal of unfair sentencing are still subject to a final decision, so this decision shall be examined below.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below concerning the determination of assault in the judgment office on the defendant's assertion of mistake of facts, i.e. the victim.

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