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(영문) 대전고등법원 2013.05.22 2013노120
공직선거법위반
Text

Defendant

All appeals filed by A, C and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1-in-court decision of the court below

가. 죄에 대한 사실오인 및 법리오해 ① 버스에서의 발언은 G의 선거운동을 위해서가 아니라 이른바 ‘7땡주’ 행사(이하 ‘이 사건 행사’라고 한다)를 주최한 재단법인 H(이하 ‘이 사건 재단’이라고 한다)를 참가자들에게 홍보하기 위한 것이었을 뿐이다.

② All of the expenses disbursed to participants in the event of this case shall not be deemed as property benefits provided for election campaigns.

2) The lower court’s sentencing (ten months of imprisonment, two years of suspended sentence) is too unreasonable. (B) misunderstanding of facts and misunderstanding of legal principles; (1) Defendant C did not have a statement about the contents of G referred to therein.

② Even if Defendant C’s remarks while speaking, it is merely a formal person with respect to G, which helps the establishment of the instant foundation, and thus cannot be viewed as a prior election campaign for the election of National Assembly members, or it cannot be viewed as a violation of social norms and regulations.

2) The lower court’s sentencing (fine 800,00 won) is too unreasonable. C. 1) In light of misunderstanding of facts and misunderstanding of legal principles as to Defendant A’s purchase of and guidance for understanding on Defendant A, the lower court’s judgment that acquitted this part of the judgment of the lower court that acquitted Defendant A, despite the fact that, in collusion with AM, the Defendant could be recognized as having provided money to A Q for the purpose of having been elected, in view of the fact that: (a) the prosecutor’s statement by the prosecution; (b) the receipt of text messages from AM’s cell phone; and (c) the details of the receipt of text messages from AM’s cell phone; and (b) the criminal records before and after the crime of

2) As to Defendant B (as to the facts charged against Defendant B and Defendant B, the contents of Defendant B’s remarks, the process of attending and speaking, Q, CB, BI, and the facts charged against Defendant B.

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