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(영문) 부산고등법원 (창원) 2015.06.10 2015노124
공직선거법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error 1) Defendant A paid KRW 100,00 to Defendant B at the instant date and time, but at the time, Defendant A was unaware of the fact that the above KRW 100,000 was used as a meal for H’s election campaign workers, and thus, Defendant A did not have an intention to make a contribution, but the court below found Defendant A guilty, which was erroneous in the judgment of the court below, which affected the conclusion of the judgment. 2) Defendant B paid the meal expenses for H’s election campaign workers at the instant date and time, but at the time, Defendant B was expected to receive a meal expenses for H’s election campaign workers at the instant time and place, but at the time, Defendant B was expected to receive a refund of the above money from Defendant B after paying the meal expenses on behalf of the election campaign manager of H’s office, and thus, Defendant B was found guilty, the court below erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The lower court’s respective punishment (a fine of KRW 700,000) imposed on the Defendants is too unreasonable.

2. Determination

A. Based on the evidence duly adopted and examined by the lower court regarding each assertion of mistake of facts, legal principles, and facts and circumstances recognized by the rules of evidence, ① the Defendants appears to have visited G during the election period even if there was no special regional connection with G in Gyeongnam, and the Defendants appears to have attempted to go to go to the election campaign. ② The CCTV screen taken on the site at the time was taken, not only the Defendants engaged in an election campaign from the beginning of the meals to the election campaign workers, but also Defendant A, in particular, tried to make a speech against the participants from around 19:39 to 19:54 of the same day in the circumstances where the place of meals is enjoyed.

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