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(영문) 대구고등법원 2019.01.17 2018노513
공직선거법위반
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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

(Dismissal) The sentence imposed by the lower court (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

In the statement of grounds of appeal dated November 26, 2018, the Defendant asserted the misapprehension of legal principles that the act of changing call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call

The above-mentioned sentence sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of the instant case, each of the instant offenses follows: (a) the Defendant, an election campaign manager of C registered as B market preliminary candidate from the 7th nationwide local election (2.6. 13. 2018) via B market-dong local election (20 times in the name of the Defendant; (b) the Defendant, who opened 20 telephone numbers in the name of another region number service under the name of the Defendant, converted back to his mobile phone; (c) the Defendant received a public opinion poll for confirmation of B market candidate support on eight occasions from March 3, 2018 to March 18, 2018 and responded to “C support”; and (c) the Defendant, from February 18, 2018 to February 28, 2018, opened a new 70 telephone rate for his family members and branch members to convert to the mobile phone; and (d) notified the Defendant of the aforementioned methods to support CP candidates by means other than the public official election campaign, and (c) notified the Defendant of the methods of election campaign and its mobile voting.

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