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(영문) 대구고등법원 2017.06.15 2016노712
공직선거법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The defendant's defense counsel argued that the facts were erroneous in the statement of reasons for appeal. However, the defendant's defense counsel explicitly withdrawn the above arguments on the first trial date of the trial of the first instance.

Article 250 (2) of the Election of Public Officials Act (the violation of the Election of Public Officials due to the misunderstanding of legal principles (the publication of false facts for the purpose of abortion) imposes a punishment for publicly announcing false facts on a candidate, his spouse, lineal ascendant or descendant, or sibling at a disadvantage of the candidate for the purpose of getting elected. Even according to the facts charged, even if the defendant posted the facts in this part, the contents posted by the defendant are as follows: “AB, AC, AD, and AE, four people close to the family members of the head of the Gu of the Gu of the Gu of the Gu of the Gu of the

“The head of the Si/Gun before the mother” means Y, and did not publish false facts as to U candidates, their spouses, lineal ascendants or descendants, or siblings.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

The punishment sentenced by the court below (one year of imprisonment, two years of suspended sentence) is too unreasonable.

Even if the Constitutional Court rendered a decision inconsistent with the Constitution at the time of applying Article 25(2) attached Table 25(2) of the former Public Official Election Act (amended by Act No. 11374, Feb. 29, 2012), the constituency for which its effect has been lost pursuant to the said decision is limited to the 19th National Assembly members election, and Article 112(1) of the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016; hereinafter the same shall apply) provides as the premise of a contribution act under Article 112(1) of the former Public Official Election Act (amended by Act No. 11374, Dec. 31, 2015; hereinafter the same shall apply) rather than the “election district list that has been used in the previous election,” the term “the Defendant himself is expected to go out in the future.”

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