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(영문) 광주고등법원 2019.09.26 2019노135
공직선거법위반등
Text

The judgment below

Of them, the part on Defendant G shall be reversed.

Defendant

G shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant G 1) misunderstanding of facts - Defendant 1 simply attempted to borrow money from X, and X was a person who is not related to the election since X does not leave the election, it cannot be said that there was a purpose to prevent X from being elected or from being elected in the election. Nevertheless, the lower court found Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The sentence of the lower court on unreasonable sentencing is excessively unreasonable.

B. The lower court’s sentencing against Defendant D and F Defendants is too unreasonable.

C. Prosecutor 1) misunderstanding of facts - Defendant E’s violation of each public official election law, even if the Defendant did not publicly express his intention of gathering outside the country, the Department of Youth of the I.J. J. military (hereinafter “Juvenile Department”).

(2) The Majority Opinion argues that the Defendant, unlike the previous practice, contributed money to the exercise of the Youth Department, should be deemed to have engaged in an intra-party competition campaign in a way other than that prescribed by the Public Official Election Act, and at the same time, made a contribution to an organization located in the relevant constituency as a candidate. Nevertheless, the lower court rendered a not-guilty verdict on each of the facts charged. Accordingly, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s sentencing against the Defendants A, B, C, and F is so unreasonable that the lower court’s sentencing against the Defendants 2, C, and F is too unjustifiable.

2. Determination

A. 1) Determination of the Defendant G’s assertion of mistake of facts

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