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(영문) 광주고등법원 (전주) 2019.10.01 2019노60
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely provided meals to the head of the Z election that was scheduled on December 2018 and was profed by the head of the Z election, and did not make a contribution to the K election campaign that is the candidate of the Si Council members.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts was identical to the grounds for appeal. The lower court determined that: (a) the instant meal group was held on June 11, 2018 when the instant meal group 7 times nationwide, and took place on June 11, 2018; (b) the Defendant contacted K in advance to have a meal meeting; (c) the Defendant appears to have been able to have been able to expect K to appeal for support from him at the meeting; (d) the Defendant was under contact with the Defendant in advance; (c) the Defendant directly promised to have the place of meal in advance; and (d) even with the Defendant’s assertion, the Z election, which the Defendant was going out, would have been expected to be held six months after the date of the instant crime; and (b) the Defendant could not have been able to have contacted with the instant local election on or after December 2018; and (c) it was reasonable to deem that the Defendant provided the instant meal act favorable to him.

In light of the relevant legal principles and the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of misconception of facts as alleged by the defendant.

B. Although the defendant provided meals to the electorates for K of the Si election candidate, the value of the food provided is not much significant as 2.10,000 won.

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