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(영문) 부산고등법원 2019.07.10 2019노214
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 800,00, and by a fine of KRW 500,000.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is the 7th election campaigned by Defendant A on June 13, 2018, the 19 community service centers within the jurisdiction of the Busan Metropolitan City E-gu, Busan Metropolitan City prior to the election campaign period of the 19 community service centers within the jurisdiction of the Dong-gu, Busan Metropolitan City prior to the election period of the 19 community service centers.

The fact that the head of the Dong office in the Dong and notified the E head of the Dong that he would leave the office to the candidate for the E head of the Dong is an advance election campaign at the same time as a door-to-door visit prohibited by the Public Official Election Act. It is aiding and abetting the violation of the Public Official Election Act if Defendant B sent a phone to the above 19 head of the Dong who is the Dong fee, in the status of the F head of the Dong, by posting a phone in advance to the above 19 head of Dong

Nevertheless, the lower court found that each of the above offices constituted “house-to-house” in which visits for election campaign are prohibited, but acquitted all of the Defendants on the ground that the above actions by Defendant A constituted “election campaign” or “election campaign”.

In so determining, the lower court erred by misapprehending the facts or by misapprehending the legal principles related to election campaigns under the Public Official Election Act.

2. On March 2, 2018, Defendant A registered as a preliminary candidate for the election of the head of the Cparty E head of the Gu on March 2, 2018 with respect to the 7th nationwide local election implemented on June 13, 2018, but went away from the intraparty competition.

4. A resignation of 30.30. Defendant B is a public official of Grade V who is the head of the F-dong Busan Metropolitan City.

No one shall make door-to-door visits for an election campaign, and no one shall make an election campaign by door-to-door visits or by other methods except as prescribed by the Public Official Election Act prior to the election campaign period.

Defendant

A finds the head of the Dong in the F community service center located in Busan on January 2018, and contact with the head of the Dong in advance so that he/she can enter the 19 Dong visit tickets within the jurisdiction of E-gu so that he/she can look at the head of the Dong in advance.

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