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(영문) 서울고등법원 2017.06.28 2017노1245
공직선거법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of the legal principles, the instant act by the Defendants was conducted for the improvement of the treatment of G workers, etc., and did not have an effect on the election, and did not constitute an election campaign.

Even if the Defendants’ act constitutes an election campaign, it constitutes a justifiable act that does not go against social norms.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby putting up advertisements in relation to the election campaign and using a positive device, and such act does not constitute a justifiable act.

The lower court erred.

2) The punishment sentenced by the lower court to the Defendants (excluding Defendant A: a fine of KRW 900,00 and Defendant A: the remaining Defendants except Defendant A: each fine of KRW 700,000) is too unreasonable.

B. The sentence sentenced by the court below to the Defendants is too uneasible.

2. Determination:

A. As to the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal doctrine on the Defendants’ assertion in the lower court as alleged in the misunderstanding of facts and misapprehension of the legal doctrine, the lower court rejected the Defendants’ assertion on the following grounds: (a) the Defendants presented detailed circumstances from 6th to 8th 10 parallels of the said judgment.

Examining the above circumstances admitted by the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just.

Therefore, the judgment of the court below did not err in the misapprehension of facts or the misapprehension of legal principles as alleged by the Defendants. Therefore, this part of the defendants' assertion is without merit.

B. The crime of this case as to the argument of unfair sentencing by both parties is that the defendants alleged that they would not vote for a specific candidate by posting the diskettes with the content that they oppose a specific political party or candidate, and by using the positive device.

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