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(영문) 서울고등법원 2018.08.10 2018노1374
공직선거법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s violation of the Public Official Election Act (misunderstanding of facts and misapprehension of legal principles) ① Defendant A’s violation of Article 60(1)3 of the Public Official Election Act is established only when a person who is unable to engage in an election campaign is unable to engage in an election campaign under Article 60(1)3 of the Public Official Election Act. Defendant A’s violation of Article 255(1)2 of the Public Official Election Act punishing a person who conducts an election campaign before the remaining election campaign period, or violation of Article 254(2) of the Public Official Election Act punishing an election campaign by means of automatic broadcast communication, or violation of Article 256(3)1(b) of the Public Official Election Act punishing a member of an election campaign by using an official act within the organization of a religious institution, organization, etc., and thereby, a violation of Article 255(1)9 of the Public Official Election Act does not separately be established.

Even if the above crimes are separately established, if the crime of violating Article 256(3)1(b) of the above Act is established, the crime of violating Article 254(2) of the above Act is not established.

B) Violation of the Political Fund Act: (a) Defendant A bears the cost required for the transmission of text messages; (b) Defendant A unilaterally while carrying out political activities for G without communication with G without communication; and (c) G does not bear the cost required in the course of carrying out political activities; (d) the aforementioned transmission cost is not a political fund prescribed in the Political Fund Act, but is not a contribution of political funds, the number of which is prohibited by the Political Fund Act.

② Since Defendant A’s act is for election campaign, if it violates the Public Official Election Act, only a violation of the Public Official Election Act shall be established, and the stopping fund Act shall not be separately established.

(3) The political funds prohibited by the law may be considered to have been provided even if they are provided.

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