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(영문) 광주고등법원 (전주) 2014.10.14 2014노149
공직선거법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the part of the J’s legal statement (the part concerning the testimony of I and K among the statements in the original court of the court below) admitted as evidence of guilt by the court below as evidence of guilt falls under the hearsay statement and thus it is inadmissible, the court below erred by misapprehending the legal principles as to the admissibility of evidence, thereby adversely affecting the conclusion of the judgment. 2) misunderstanding of facts as to the fact that Defendant did not conduct an election campaign prior to the election campaign period, on the ground that “In-year, the court below was guilty of the facts charged in this case, and thereby erred by misapprehending the legal principles as to the admissibility of evidence.”

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As a matter of principle, a protocol in which a full-time statement or a second-time statement on the Defendant’s assertion of misapprehension of the legal doctrine is written is inadmissible in accordance with Article 310-2 of the Criminal Procedure Act. However, the full-time statement is inadmissible in accordance with Article 316(2) of the Criminal Procedure Act, only when the person making the original statement is unable to make a statement due to death, illness, residence in a foreign country, or any other reason, and its statement is exceptionally admissible only when it was made under particularly reliable circumstances. A protocol in which a full-time statement is written is admissible in accordance with Article 312 or 314 of the Criminal Procedure Act as well as where its admissibility can be recognized in accordance

(see, e.g., Supreme Court Decision 2000Do159, Mar. 10, 2000). The purport of this case is that “I and K, in light of these legal principles, request the Defendant to leave the F market election in the year,” “I and K,” among the part of the legal statement of J, request the Defendant to leave the F market election in the year.

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