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(영문) 서울고등법원 2017.08.23 2017노1433
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Based on the assertion that there was no false fact, misunderstanding 1) or there was no false perception, the K Headquarters has established five subordinate headquarters organizations under the K Headquarters, and the K Headquarters chief officer and each subordinate headquarters chief officer were the chief.

Therefore, as long as it can be interpreted as "the head of the K Headquarters" under the language and text, the defendant described only as "the head of the K Headquarters" as "the head of the K Headquarters."

No false fact may be deemed as false.

Even if false, the defendant received a letter of appointment of the chief of the U.S. headquarters several times at the time of the instant case, and in fact, K headquarters has used the name of the chief of the headquarters, so it was not false and there was no intention to be elected.

Therefore, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby stating false facts.

its determination is illegal.

2) The instant mountain campaign claiming that the Defendant does not constitute an election campaign is part of the activities of the mountain conference, which the Defendant had attended regularly from 2008 to 2015, and the overall election and special election are scheduled at that time, and the number of City/Do council members and candidates are growing along with them. The Defendant did not make any speech or behavior requesting support in relation to the election other than the horse, and such act alone does not constitute an election campaign.

However, the court below erred by misunderstanding the facts or misunderstanding the legal principles by recognizing the Defendant’s prior election campaign based on the circumstances not stated in the facts charged in this case, such as the Defendant’s volunteer activities play in a mountain bus or contingent speech and behavior in B unrelated to the Defendant.

B. The lower court’s sentence (an amount of KRW 3 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

(a)a false fact;

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