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(영문) 부산고등법원 2015.01.21 2014노809
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) states false facts that “F did not fully participate in the election campaign and support for the election of a candidate for a political party in the 19th presidential election, the 18th presidential election, and the G Special Election for National Assembly Members,” and that the Defendant had dolusent intent about false facts.

Expressions stating that “any person’s satisfys satisfys this person’s satisfy for the security of the person can not be deemed to have expressed the Defendant’s personal opinion, and a false fact is published to have the doubt that the person’s satisfys fisfys at the F’s satisfy.”

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

2. Determination

A. On June 4, 2014, the Defendant: (a) registered as a preliminary candidate for Cparty E in the 6th nationwide provincial election, which was conducted on June 4, 2014; (b) registered as a preliminary candidate for C Party E in the

4. The result of the intra-party competition conducted by the vote of the responsible party members and the public opinion polls on telephone, followed by the competition competition competition competition competition member and was not recommended as a candidate for the D party; and

No false facts shall be published or published with respect to any candidate for the intra-party competition, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to any candidate for the intra-party competition by means of any speech, broadcasting, newspaper, communications, magazine, poster, propaganda document and other methods with the aim of preventing any election in connection

In fact, the Defendant participated in the election of the 19th National Assembly member in 2012, the 18th presidential election, the 2013 G Assembly member election, and the D Party candidate election support and campaign at the time of the 2013 G Assembly member election, and despite that the said F was not entered into the D Party for the sake of the security of a specific person, the Defendant’s office on April 13, 2014 is located at H4.

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