logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2015.01.14 2014노346
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one million won of a fine) is too unreasonable.

2. Since the investigation agency, the defendant has recognized his mistake and reflected in depth, and the other party who sent the text message once the crime of this case also seems to have not much excessive to the extent that he had a decisive influence on the result of the election as 461 paper-member, and the defendant is recognized as a favorable sentencing factor or objective and neutral sentencing factor, such as the fact that there is no record of punishment of fine of KRW 500,000 as a result of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 202, in addition to the punishment or issuance of fine of KRW 50

However, the crime of this case, which is recognized by evidence, evidence law, and legal principles, is a case where the defendant sent text messages to 774 members who work as the secretary general of the Council and appeal for support for the specific candidate who is a member of the same clan-friendly council, which are not permitted by the Public Official Election Act, and the liability for the crime is not easy, the crime has been de facto and has been de facto, and the crime has not been left at the time of the 6-time nationwide local election scheduled as of June 4, 2014, and it seems that the above crime could have a direct impact on the voters' voting direction due to the above crime, and the defendant sent a pure text messages to 74 members of the Council with the aim of favorable treatment of the above candidates, and the defendant sent a pure text message to 74 members of the Council to see the opinion that "the defendant sent a cell phone in preparation for public opinion and received a warning from the election commission of this case from time to time before the election of this case on March 18, 2014.

arrow