(영문) 전주지방법원 2017.01.20 2016노842 | 리걸엔진

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(영문) 전주지방법원 2017.01.20 2016노842

공공단체등위탁선거에관한법률위반

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances, Defendant 1 did not know that the content of the instant text message (hereinafter “instant message”) sent by the Defendant to its members was false, and even if it constitutes false facts, the Defendant did not have any awareness of falsity at the time.

2) The sentence of the lower court (an amount of KRW 3 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s determination as to the Defendant’s assertion of mistake of facts, and the lower court rejected the aforementioned assertion by providing a detailed statement in the column of “determination on the Defendant’s and his defense counsel’s assertion.” In light of the records, the lower court’s aforementioned determination constitutes false facts, and the Defendant was aware of falsity at the time.

The judgment of the court below is just and acceptable, and there are errors in the misapprehension of facts as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

B. The crime of this case is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant, a candidate for the 15th GUF, sent a text message containing false facts to its members for the purpose of being elected; (b) the Defendant sent the instant text message two days before the election day; (c) the number of the union members receiving the instant text message is approximately KRW 3,00; and (d) the crime of this case appears to have a substantial effect on the election result.

On the other hand, there is no criminal history that the defendant had previously been subject to criminal punishment, and at the time when the defendant was in office as the president of the GFF, a significant portion of the union's debt is a merger subsidy received from the NAF

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