logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.01.08 2019노542
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the violation of restrictions on the means of intra-party competition), the Defendant merely provided information on the means of voting to party members who know of the first mobile voting method in connection with the intra-party competition, which is not an act for the election of candidates for the intra-party competition, and it does not constitute a violation of restrictions on the means of intra-party competition campaign under

After remanding, the Defendant completely withdrawn the assertion of mistake or misapprehension of the legal principles on the remainder of the trial before remanding the case.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, Article 57-3(1) of the Public Official Election Act provides that ① the method and name of directly setting up an election campaign office and its election campaign office or appeal for support, ② the method and method of sending promotional materials prepared by any candidate for the intra-party competition only once, ③ the political party’s joint speech and joint debate indoors, ③ the method and method of holding indoors a joint speech meeting and joint debate. This purpose is to prevent the competition campaign from being abused as a legal means of avoiding the regulations on the prohibition of pre-election, etc. by changing the competition campaign into an election campaign. (2) The term “election campaign” as provided in Article 58(1) of the Public Official Election Act refers to all acts necessary and favorable to obtain or lose votes in the election of a specific candidate and all acts favorable to it, and specifically, the purpose of promoting an election or defeat is objectively recognized, as well as the name of the act in question.

arrow