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(영문) 부산고등법원 (창원) 2016.08.10 2016노227
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty, suspension of sentence) declared by the court below against the defendant is too unfasible.

2. The Defendant, at the 20th election of the National Assembly members of the Republic of Korea, expressed a false statement on the “F” page stating that “F did not inform the Defendant of the price of KRW 40,000 after the Defendant was on credit from the gas station in around 1997 at the gas station where the Defendant worked,” with the aim of preventing the Defendant from winning C that was sent as a candidate to the D constituency in the 20th election of the National Assembly members of the Republic of Korea, the Defendant stated that “I would have the credit price of KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000

One of the arguments, J and K did not know in the court below's decision that the defendant was working in the gas station, but did not memory that the defendant was working in the voluntary crime prevention guards.

A statement is made by the Defendant, and if the Defendant made the above remarks, J, K, as a matter of course, knew that the Defendant would have known at the gas station that the Defendant would be taking part in the gas station, and that there was no other evidence to prove that the content of the instant comments is true except J and K’s testimony. The Defendant voluntarily recognized that there was no other evidence to prove that the content of the instant comments was true, other than J and K’s testimony. The Defendant was 2 and 3 cases on a day by a person who is on credit in the court of the court of the court below, and the business owner was tending the Defendant, and he paid 40,000 won

However, the defendant merely received approximately KRW 70-75,00 per month when he worked as the gas station at the time, and it is difficult to understand that he paid several amount of credit oil every day. At the time, L of the gas station at the time he paid the amount of petroleum to C, he first heard that he paid the amount of petroleum by the gas station at the time, and there was no case where he paid the amount of petroleum to C, and he handled it even if he did not pay the amount of credit.

A. The Defendant stated in C.

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