beta
(영문) 대전고등법원 2019.01.28 2018노457

공직선거법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts, misapprehension of legal principles, and provision of food and alcoholic beverages, the above act was conducted in the process of requesting F, etc. to request F, etc. to act as an election campaign worker, and accepting it, the offering of food to the person accompanying the candidate within the ordinary scope is not a contribution act, and the offering of food to the person accompanying the candidate as an election campaign worker in return for the offering of labor force, and it is not an act of free donation

B) As to the act of offering a punishment, delivery of money and other goods to an election campaign worker who is to deliver them to the right holder cannot be deemed as an act of offering goods, and therefore, it cannot be deemed as a contribution act by the defendant. C) It can be viewed as a contribution act by the defendant.

Even if the defendant had no intention to commit an act of contribution, the defendant had no intention to commit an act of contribution.

2) The sentence of the lower court on the grounds of unfair sentencing is too unreasonable and unfair. B. The lower court’s sentence is so unreasonable that it is too unreasonable. 2. Prior to determining the grounds of appeal on the grounds of ex officio determination, prior to this, the Prosecutor ex officio examined the facts charged, and the Prosecutor applied for the permission to amend the indictment to “to provide food and alcoholic beverages equivalent to KRW 43,00 at the market price,” among the facts charged, “(2) 9 pages of the lower judgment, the Prosecutor applied for the permission to amend the indictment to “to provide food and alcoholic beverages equivalent to KRW 34,400 at the market price,” and the lower court’s judgment was no longer maintained as it was changed by this court’s permission.

However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court within the scope of the modified facts charged, despite the above reasons for ex officio reversal.

3. Determination on the grounds for appeal

A. The relevant regulations and legal principles regarding the act of providing food and alcoholic beverages are as follows. Article 112(1) of the Public Official Election Act provides “contribution” within the relevant constituency.