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(영문) 광주고등법원 2015.06.25 2015노89 (1)
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted a misunderstanding of facts against the Defendant is only a meal substitute for female executives in order to indicate the auditor’s mind of the D Women’s Association using the Defendant’s tourist bus every year, which has been operated by the Defendant.

Nevertheless, the lower court convicted all of the charges of this case that the Defendant held a meeting to influence the election and made a contribution act to female members for the E candidate.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

B. The lower court’s sentence on the assertion of unfair sentencing (two years of imprisonment with labor for a period of eight months) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is the chairman of the Korea-Uan-Gun Council of this Chapter, and that of the D Saemaul Women's Association.

1. No person who violates any restriction, such as various assemblies, shall hold a meeting of native folks society, clan gathering, alumni meeting, rally to strengthen the unity, camping meeting or other assemblies and meetings during the election period, with the aim of influencing an election;

Around May 20, 2014, the Defendant and B decided to hold a meeting with members of the above women's association and appeal for support to E with the purpose of having the candidates E who were recruited as the candidates for the Do council members of the Do council in the 6th nationwide local election of Dong-gu, 2014. B convened the above women's association members and recruited the Defendant to speak in support of E at the convened meeting.

On May 25, 2014, the election period of the 6th regional election of Dong-si nationwide, the Defendant and B conspired to hold a meeting (hereinafter “instant meeting”) by convening 22 members of the above female conference, such as H and I, through the general secretary G, and the Defendant does not intend to prepare a “one member in D” at the instant meeting, and there is no intention to do so.

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