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(영문) 부산고등법원 2018.02.07 2017노367
공직선거법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The argument that “the sentencing of the court below is too inappropriate because the sentencing of the court below is too inappropriate” as stated in the defense counsel’s written opinion, which was presented on January 24, 2018 after the date on which the defendant’s defense counsel submitted a written reason for appeal, is examined to the extent that it supplements the grounds for appeal, but it cannot be viewed as a legitimate ground for appeal, and thus, it cannot be viewed as a legitimate ground for appeal.

B. As seen below, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large to impose the appropriate punishment corresponding to the defendant's liability for the crime.)

1) Since the Defendant violated the Public Official Election Act by means of newspaper distribution, other than ordinary methods, was previously published E and G by 30,000 copies, even if each newspaper on which article on election is published, as shown in the facts charged, was distributed, it was distributed in a way other than ordinary methods.

shall not be deemed to exist.

B. On January 3, 2016, the Defendant had never participated in the publication of a newspaper (Article 1 (b) through (e) of the facts constituting an offense in the judgment of the court below) issued after the resignation of the Defendant among the facts charged by the editor I and E, Co., Ltd.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous as a matter of law.

2) The Defendant violated the Public Official Election Act due to the breach of duty to submit data has already resigned from the position of G and E publisher and editor at the time when the Election Management Committee was requested to submit data. There was no obligation to submit data, and there was no intention to refuse to submit data.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous as a matter of law.

3) This part pertaining to the violation of the Public Official Election Act due to the provision of money or valuables related to election campaigns.

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