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(영문) 대구고등법원 2019.06.13 2019노178
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 900,00, and a fine of KRW 1,500,000, respectively.

Reasons

1. The summary of the grounds for appeal (the defendant A: the fine of KRW 900,00,000, and the fine of KRW 800,000) declared by the court below is too unfortunate and unreasonable.

2. In the case of an ex officio determination prosecutor, the Defendants filed an application for changes in indictment with respect to the application of the applicable provisions of Article 230(2) of the Public Official Election Act to add “Article 230(2)” to the Defendants, and the subject of the adjudication was changed by this court’s permission. As such,

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Since the judgment of the court below on the summary of evidence is identical to each corresponding column of the judgment below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Articles 230(2) and 230(1)4, and 135(3) of the Public Official Election Act; Article 30 of the Criminal Act; Article 258(1)1 of the Public Official Election Act; Article 30 of the Criminal Act

B. Articles 230(2) and 135(3) of the Public Official Election Act, Article 230(2) and (1)4, Article 135(3) of the Criminal Act, Article 30 (A) of the Criminal Act, Article 258(1)1 of the Public Official Election Act, Article 30 of the Criminal Act, Article 230(2) and (1)4 of the Public Official Election Act, Articles 135(3) (a) (a) of the Public Official Election Act, Articles 49(2)3, 36(1) (a) of the Political Funds Act, Articles 49(2) and 36(2)3, and 36(4) of the Political Funds Act (a) of the Political Funds Act, each of the payment of expenses for election campaign that is not made to a designated deposit account)

1. Defendant B, who is an ordinary concurrent act: Article 40 and Article 50 of the Criminal Code No. 1 of the Criminal Code

The violation of the Public Official Election Act and each of them.

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