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(영문) 대구고등법원 2017.02.03 2016노705
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) even though the Defendant knew that A, in the name of a fishery personnel D, intended to display an intention to support E in the name of a prospective candidate for the 20th National Assembly member of the North Korean National Assembly at the port of the 20th National Assembly, visited A, etc. along with E’s election office; (b) visited A, etc. and

I would like to say.

However, the court below did not prove the lack of proof of the facts charged of this case.

In light of the above, the defendant was acquitted. In so doing, the court below erred by misunderstanding the facts or misapprehending the legal principles on common principals, thereby affecting the conclusion of the judgment.

2. Determination

A. In the first instance trial, the prosecutor, while maintaining the existing facts charged as the primary facts charged, applied Article 32(1) of the Criminal Act “Article 32(1) of the Criminal Act”; and applied Article 32 of the Act to apply the same as “a summary of the ancillary facts charged” under the facts charged, applied for the amendment of indictment, which added the same as “a summary of the ancillary facts charged,” and this court

However, despite the change in the scope of the trial, the prosecutor's argument of mistake or misunderstanding of the facts about the primary facts charged is still subject to the judgment of this court.

B. Judgment on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal principles 1) Summary of the primary facts charged A is the head of the cooperative C, and the defendant is the member of the above cooperative.

No person shall publish false facts about whether a candidate, his/her spouse or lineal ascendant or descendant, or his/her family relation status, career, etc., such as the place of birth, family relation status, occupation, etc. of a candidate, an organization to which he/she belongs, a specific person or specific organization, etc. belongs, in favor of the candidate, by means of a speech, newspaper

Nevertheless, in collusion with A, the defendant's organization is an internal organization of fishery personnel.

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