Text
The judgment below
The part against the defendant shall be reversed.
The defendant is not guilty. The summary of the judgment against the defendant.
Reasons
Summary of Grounds for Appeal
In the event of an erroneous determination of facts and misapprehension of legal principles, the Publication Commemorative Meeting is relatively free in light of the standards for the operation of the Public Official Election Act and the National Election Commission, even though there is no choice but to be accompanied by the promotion of one's achievements to some extent.
Since the defendant, after completing a lawful publishing commemorative meeting, reduced the small amount of money remaining after the publishing commemorative meeting, or sent it to the nearest person who attended the meeting, it does not constitute an act of contribution prohibited under the Public Official Election Act or an act of promoting the achievements of public officials.
Since the defendant sent books to the believers and pastors in personal friendly relations with the defendant's religious and religious activities, such acts of the defendant are formal acts and are not in violation of the social rules, and thus the illegality is not possible.
The sentencing of the lower court on the grounds of unfair sentencing (fine 800,000) is too unreasonable.
Judgment
The summary of the facts charged in the instant case is that the Defendant was the FF market, the five-way public-private partnership, and the 6th local government election conducted on June 4, 2014.
A person who intends to become a candidate for the head of a local government shall not make a contribution to persons in the relevant constituency, or institutions, organizations, facilities, and public officials shall not promote the achievements of candidates, etc. to his employees or the electorate, regardless of the pretext of education or whatever.
On February 21, 2014, the Defendant introduced the achievements at the time when he held office in the F 5th F market in G on February 21, 2014, the Defendant: (a) as indicated in the list of crimes attached hereto, made 5 members of the F City as the addressee, and sent the said books by mail to Co-Defendant B in the first instance trial; (b) on the same day and on the 24th day of the same month, the Defendant: (c) as indicated in the list of crimes attached hereto, in which the introduction of the achievements at the time when he held office in the F 5th market.