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(영문) 부산고등법원 (창원) 2015.08.26 2015노166
공직선거법위반
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of publishing false facts by Defendant A’s election campaign bulletin, Defendant A delegated most of his election duties to Defendant B and others, etc. for a bad election schedule, and Defendant A did not directly have the ability to send the instant election campaign bulletin, and thus, there was no awareness about publishing false facts through the election campaign bulletin, and there was no conspiracy with Defendant B. However, the lower court found Defendant B guilty of this part of the charges by taking into account the suspect interrogation protocol, etc. prepared by the prosecutor under the name of the prosecutor, and thus, it was erroneous in the misapprehension of legal principles as to intentional mistake of facts or admissibility of suspect interrogation protocol, etc., which affected the conclusion of the judgment.

B) Defendant B merely knew that Defendant B was subject to the term of office of the Superintendent of the Office of Education at the time when Defendant B announced the order of priority evaluation of the Anti-Corruption and Civil Rights Commission in 2010, and did not know that he was subject to the term of office of Defendant B (from July 1, 2009 to June 30, 2010). As such, Defendant B did not have any intention to be false, the lower court found Defendant B guilty of all the facts charged of this case. However, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine on intention, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court erred by misapprehending the legal doctrine on each of the facts charged of this case, and thereby adversely affecting the conclusion of the judgment.

B. As to the part of the charge of publishing false facts by the promotional materials of a preliminary candidate against Defendant A of mistake of facts, the above part shall be deemed to have been published by Defendant A on the day following the dispatch of the above promotional materials.

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