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(영문) 서울고등법원 2015.04.17 2015노428
공직선거법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Defendants) 1) Defendant A is the Defendant’s I restaurant located in the Southern-gu Incheon Metropolitan City (hereinafter “instant restaurant”) around 19:0 to 21:30 on March 13, 2014.

) While Co-Defendant B talked about the marriage ceremony of his wife in the lower court on September 2014, 2014, Co-Defendant B could not regard the settlement of the meal cost in the instant restaurant as an election-related contribution act, since Co-Defendant B could not be seen as an election-related act, since Defendant B carried out an election campaign together with his wife at the time, and she was allowed to take part in the instant restaurant, but Co-Defendant A took part in his place.

No one did not know that the above A would pay meal costs, and there was no conspiracy to commit a crime.

B. The lower court asserts that the Defendants’ respective types of punishment (a fine of one million won, a fine of one million won, and a fine of one million won, imposed on the Defendants) declared by the lower court on the Defendants are too unreasonable, and the Defendants’ assertion that it is too unreasonable, and the prosecutor is too unjustifiable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the lower court rejected the Defendants’ assertion on the following grounds: (a) based on the relevant legal doctrine under Paragraph (2) of the item of “determination on the Defendants and their defense counsels” in the judgment of the lower court; and (b) based on the detailed circumstances in Paragraph 3.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable. Thus, this part of the defendants' assertion is without merit.

B. As to the assertion of unfair sentencing by both parties, the crime of this case was committed by Defendant B, a preliminary candidate for the election of a City Council member, and Defendant A’s pro-friendly arrest, by providing meals to the voters, and the election is held fairly in accordance with the free will of the people and democratic procedures.

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