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(영문) 광주고등법원 2020.07.23 2017노96
공직선거법위반
Text

The judgment below

The guilty part shall be reversed.

Of the facts charged in this case, No. 11 through 13 of the annexed list of crimes.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant (De facto misunderstanding and misunderstanding of legal principles) puts in F a text the same as written in Nos. 11 through 13 of the annexed crime list, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which found Defendant guilty of this part of the facts charged, although it is a justifiable act that does not constitute an “election” under the Public Official Election Act or that does not violate social rules.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles in the manner that Defendant posted words on F with the same contents as the attached list Nos. 1 through 10, 14, and 15 on the attached list of crimes constitutes “election campaign” under the Public Official Election Act. However, the lower court erred by misapprehending facts or by misapprehending legal principles, which acquitted the Defendant of this part of the facts charged. 2) The lower court’s sentencing of unfair sentencing is too unreasonable.

2. As to the assertion of mistake of facts and misapprehension of legal principles by the defendant and prosecutor

A. The gist of the facts charged is that the Defendant is an educational public official who is a teacher of the Cschool and a member of the D Trade Union in the Seoul Special Metropolitan City, Seoul Special Metropolitan City, and the educational public official may not engage in election campaigns

Nevertheless, on April 2, 2016, the Defendant shared the Defendant’s home located in Gangnam-gun E with the Internet site F with G candidate’s election campaign pictures, and in relation to the election of the National Assembly members of the National Assembly by means of sharing the Defendant’s personal comments on the Internet site F with G candidate’s election campaign pictures and sharing them with other people’s F personal comments or news media organizations, “In Daegu, to become a healthy Republic of Korea, the Defendant will be present at the same time.”

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