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Defendant
All A’s appeal and prosecutor’s appeal are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
In light of the circumstances leading to the instant crime, etc., the sentence of imprisonment (10 months of imprisonment and two years of suspended sentence) imposed by the lower court against the Defendant is too unreasonable.
In the case of this case where the prosecutor misjudgments the fact-finding or assertion of legal principles, in the competition method where there is no specific electoral group by deciding a candidate to recommend a political party to run in the election of public officials according to the results of the public opinion poll conducted for the general public, and where there is no specific electoral group, it shall be evaluated that the purpose of promoting the election in the election of public officials is accompanied by not only the appeal for support against the general elector, but also the appeal for support against the party
Even if it is reasonable to distinguish an election campaign from the competition campaign, in light of various circumstances, such as the Defendants’ specific activities, etc., in light of the following circumstances, the Defendants’ operation, activities, etc. of the telephone promotion room cannot be deemed merely that the Defendants merely include an intent to promote the success or defeat in an election in an election for public office (MM market election) incidental to the election, and such an act should be deemed as an election campaign carried out with the intent of promoting the winning of the candidates in an election for public office, a public official election, in substance, in the MM market election, which is an act for the winning or defeat of the election in the intraparty competition.
Nevertheless, the lower court determined that the Defendants’ act was merely an act related to the intraparty competition campaign and did not constitute an election campaign under Article 58(1) of the Public Official Election Act, and that there was no proof of a crime regarding the primary facts charged in the instant case
In light of the legislative intent and purpose of the Public Official Election Act, the lower court is the Defendants.