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(영문) 대구고등법원 2014.12.05 2014노535 (1)
공직선거법위반
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) In the competition method where there is no specific electoral group by determining a candidate to recommend a political party to run in an election for public office according to the results of the public opinion poll conducted for the general public, such as the case of misunderstanding of facts and misunderstanding of legal principles (the charges charged in this case), it shall be evaluated that there is the objective of promoting the election of the elector in the election for public office if not only appeals against the general electoral group but also appeals against party members who are not specified as the electoral group even if they are party members, it shall be evaluated that there is the objective of promoting the election of the elector in the election for public office. Furthermore, if A, C, etc., etc., etc., etc., were to establish and operate a non-official election campaign campaign, such as calling for questions about admission and telephone promotion against the general voters, etc. before March 23, 2014, which is included in the public opinion poll or the public opinion poll for the purpose of promoting the election for public office for public office of public office, it shall be noted that the Defendant’s act is an incidental to prepare for the election campaign.

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