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The judgment below
The part against the defendant shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 900,000.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s assertion of misunderstanding of facts and misunderstanding of legal principles cannot be deemed to be an election campaign for the purpose of promoting one’s own election at an assembly, and since the purpose of the assembly was against the II Association’s re-welfare, the assembly was irrelevant to the C market election.
In other words, B is an interesting opportunity to speak, so it is not a public contest for B and election campaign.
B. The sentence (three million won of fine) imposed by the lower court on the ground of unfair sentencing is too unreasonable.
2. Determination
A. Determination on the assertion of mistake of facts and misapprehension of legal principles 1) The summary of the facts charged is the person who was registered as a preliminary candidate for nationwide and local local election C market elections, which was conducted on June 13, 2018. Any person shall not engage in an election campaign except the methods prescribed by the Public Official Election Act prior to the election campaign period, and shall not use a loudspeaker system for the election campaign except where it is used pursuant to the Public Official Election Act. Nevertheless, the assembly held before the Emarket located in D around March 22, 2018 (hereinafter referred to as “instant assembly”).
In the case where 100 participants are gathered, the Defendant introduced that “I would like to go to the C City administration in the future with a great reference, and I would like to go to the A preliminary candidate for a short time by sending a thickness of the AP candidate,” while wearing a uniform for election campaign, I would like to find a solution if I would like to put the mark on this page if I would see that there would be a little opportunity to go to the market if I would go to the next Doc City administration.
The opportunity to coordinate the proposal.