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(영문) 서울고등법원 (춘천) 2019.09.09 2019노121
공직선거법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of the grounds for appeal;

A. In light of the legal principles and mistake of facts, C/C’s royalty paid to a private investment project operator in relation to sewage treatment projects includes 10.3 billion won of the invested principal and 7.7 billion won of the private investment project operator’s investment principal. Accordingly, C/C actually pays the principal and interest of the investment to the private investment project operator. Thus, the Defendants’ election campaign materials as stated in the judgment below (hereinafter “instant election campaign materials

The contents indicated in the election campaign of this case are not false. The part indicated in the “BTL” is due to the number of Defendant B who was unaware of the obvious difference between the “BTO” business and the “BTL business,” and the part is not an important part of the election campaign of this case. Furthermore, the election campaign of this case does not indicate that C&L is not the subject of such borrowing. Furthermore, even if it is a domestic affairs, it is neither different from detailed matters nor a little exaggeration. 2) The Defendants believed the contents explained in the process of administrative audit by the military public officials in charge of C&C and prepared the election campaign of this case to believe the contents indicated in the official document, and thus, they did not have any intentional or negligent intention for publication of false facts.

Defendant

It is difficult to view that Defendant A has a public service career in B, and there is a dolusent intention to publish false facts to the Defendants solely on the grounds that Defendant A is the final person in charge of election as a candidate.

B. The lower court’s sentence of unreasonable sentencing (a fine of five million won) is too unreasonable.

2. Determination

A. The summary of the facts charged is that Defendant A registered as a C/Gun preliminary candidate going out of the nationwide local election on April 1, 2018, and registered as a candidate for C/Gun on May 24, 2018. On June 13, 2018, Defendant A went out as a candidate for C/Gun at the 7th nationwide local election conducted on June 13, 2018, and Defendant B went out as a candidate for C/Gun, while Defendant B was on June 4, 2014.

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