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(영문) 서울고등법원 2015.01.16 2014노3425
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: (a) The Defendant continued to commit the act previously committed prior to the election, regardless of the election, in order to urge the formulation of countermeasures against damages caused by the designation and cancellation of the Yongsan International Business District; and (b) the subject of such act was only in mind of the Seoul Special Metropolitan City Mayor as the head of an organization, other than a specific individual or political party; and (c) there was no objective of affecting the election; and (b) the penalty (500

2. Determination

A. The court below rejected the defendant's assertion of misunderstanding of facts with the same purport as the above grounds for appeal in the court below's judgment, and with the detailed explanation of the defendant's assertion and its determination under the title "the judgment on the defendant's and his defense counsel's assertion". In light of the above judgment of the court below in comparison with the evidence duly adopted and examined, it is reasonable to view that the defendant had a purpose of exerting an influence on the election of the Seoul Special Metropolitan City Mayor by posting an electronic sign board with respect to the negative assessment against C which intends to be a candidate for the election of the Seoul Special Metropolitan City Mayor or the Seoul Special Metropolitan City Mayor's Speaker,

B. As to the assertion on unfair sentencing, there are circumstances that can be considered in light of the circumstances, such as: (a) the Defendant appears to have been deprived of such an act by taking away considerable investment losses, etc. in the process of designating and cancelling the relevant international business district; (b) the Defendant appears to have been under a difficult life without providing a variable dwelling assistance to his family members; and (c) the Defendant has no same criminal power and no history of punishment exceeding the fine.

However, the Public Official Election Act is free of the people.

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