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(영문) 부산고등법원 2015.02.10 2014노860
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant committed the instant crime; (b) the defendant committed the act of violation in the election campaign after the defendant registered as a candidate; and (c) the fact that many people, including electorates, want to take the Defendant’s preference.

However, the crime of this case is established differently from the facts in various election-related documents, such as parliamentary reports, candidates' name cards, competition campaign material, etc., in which the defendant, who was going out of the election of the E Council members in the 6th nationwide local election, is different from the facts. In light of the fact that the contents of the candidate's career are important data for the evaluation of candidates in the Republic of Korea where the candidate's candidate's election campaign site and are at risk of undermining the fairness and transparency of the election by distorted public opinion through distortion, the defendant should be held legally liable. The defendant was not only three times as a party member or candidate for a long time prior to the election but also three times as he participated in the election as a party member or candidate and was punished as a violation of the Election Act, but also is considered to have been more familiar with anyone at the time of the election of the 6th local council member at the time of the instant case, considering the fact that the defendant's punishment was too much familiar with the election guidelines of this case, the circumstances leading up to the sentencing and punishment of the defendant.

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