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(영문) 대전고등법원 2017.12.04 2017노409
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, as to the summary of the grounds for appeal, stated that “I’s support rate for the alternative candidate reaches 20%, and H’s support rate for the alternative candidate is equal to 5% (hereinafter “the instant publication fact”), was written on the NAV Round, “E” as stated in the facts charged, and then posted a notice containing the above contents (hereinafter “the instant notice”). As such, there was no perception that it was false.

In addition, the defendant only puts up the article of this case for the purpose of supporting I candidates, and did not have the purpose of preventing H candidates from being elected.

However, the lower court found the Defendant guilty of the facts charged in the instant case erred by misapprehending the legal doctrine.

The punishment of the lower court (five million won in penalty) that is unfair in sentencing is too unreasonable.

The summary of the facts charged as to the Defendant’s assertion of mistake of facts is that the Defendant is a pastor of “D church” located in Nam-gu, Nam-gu, Seoul, and is engaged in the activities of NAV from “E” to “F.”

On April 29, 2017, at around 22:03, the Defendant visited the Defendant’s cell phone with the Defendant’s cell phone in the above-mentioned D church log, and thereby preventing the Defendant from winning the G party candidate of the 19th presidential election.

I explained that I would like to play in the way that I would like to call for the resignation of H candidates before the G political party office and call for the simplification into I and return to I.

According to the galle survey, there was a big change from 28 days after the 28th day of fish farming to the H5% of the public opinion poll, and there was a lot of change that the large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale medium-scale medium-scale

The rate of 20 per week is 20 per cent of the People's Republic of Korea,

This is also the purely political party of the military, I, one of which is leading to the first place in the territory of the Republic of Korea, has the honor to record the NAN North Korea.

In the future, there is a great error that H makes it difficult to say that H is high support rate, and our country will move over to a sect.

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