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(영문) 서울고등법원 2013.06.13 2013노304
공직선거법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles as to the N Office portion (defendant B, D, and E) are deemed to have a combination of doctors to enter the N Office and use the N Office's facility as a kind of election campaign office or election campaign liaison office for telephone election campaign, at the moment the above Defendants started election campaign according to A's delivery. If such combination of doctors is formed, a public contest relationship is established. Thus, the above Defendants' co-principal relationship can be acknowledged.

B. According to evidence such as misconception of facts as to H school portion (Defendant A, B, C, and D)’s statement, telephone call details, and base station information, the above Defendants may recognize the fact that they used the H school office as a kind of election campaign office or election campaign liaison office for the election campaign.

C. Unreasonable sentencing (as to Defendant A), the penalty imposed by the court below on Defendant A (as to the penalty of KRW 800,000,000) is too uneased and unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged is that Defendant A, as a regional chairperson, was a registered election campaign worker of J who participated in the election of National Assembly members in the 19th Sungnam Central Assembly member in the 19th Sungnam Central Assembly as a candidate for the first candidate, and Defendant B, C, D, and E was a volunteer for an election campaign for the above J candidate.

Except for an election campaign office or election campaign liaison office, no one shall newly establish or install an election promotion committee, supporters' association, research institute, counseling center or resting place, or any similar institution, organization, organization, or facility, regardless of the name thereof, or use the existing institution, organization, organization, or facility, and the election campaign office registered with the J candidate shall be eight and nine floors in Sungnam-si M buildings.

Nevertheless, the Defendants conspired with each other, from April 6, 2012 to April 10, 2012, the H Schools and JJ in Seongbuk-gu P, Seongbuk-gu, Sungnam-si.

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