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(영문) 광주고등법원 2020.07.23 2017노35
공직선거법위반
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles have inserted comments on Pins North Korea as stated in the lower judgment, but this is a justifiable act that does not fall under “election campaign” under the Public Official Election Act or does not violate social rules, and thus, the illegality should be avoided. However, the lower court erred by misapprehending facts or by misapprehending the legal principles, thereby convicting the Defendant of the facts charged. 2) The lower court’s sentencing of unfair sentencing is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. As to the Defendant’s assertion of mistake and misapprehension of legal principles

A. The prosecutor’s ex officio determination following the amendment of indictment was made in this court, and the phrase “types and the content of the notices” as indicated in the [Attachment 2, 3, 9, 11, and 17] of the indictment of this case is as follows.

This part of the judgment of the court below is no longer able to maintain any more, since the same as the judgment of the court was applied for the modification of the bill of indictment, and this court permitted this modification.

On the other hand, the reversed parts and the remaining parts that the court below found guilty should be sentenced to a single sentence as they are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below should be reversed in its entirety

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

B. As to the column for “types and the content of notices” as indicated in the [Attachment List of Crimes] as indicated in the judgment of the court below in the summary of the revised facts charged, the number 2 No. 3 is as follows: “Co-ownership of personal letters sharing articles for Y news, which is written in the list of the 10th "Wor 10 "Wor 10 "Wor 10 "Wor 10" candidates, such as J, K, and L, and the list No. 3”.

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