[국회의원선거법위반][집37(4)형,535;공1990.2.15(866),422]
Where a postal item containing cash has been received to a post office and has been received at the stage of delivery, the nature of a crime of expression of intent to provide money, etc. under the National Assembly Election Act (affirmative)
In the election of National Assembly members, the expression of intent to offer money, etc. in the election of National Assembly members is an abstract dangerous crime whose legal interest is to protect the fairness of the election. In light of the abstract dangerous crime, if the expression of intent is objectively and objectively, and the expression of intent is difficult to withdraw the arrival of the other party in the manner of mind, it shall be deemed that the crime is established. However, if the mail containing cash was received by the Defendants to the post office and was discovered at the stage of delivery, it shall be deemed that there is no possibility that the addressee would have
Article 152(1)1 of the Election of National Assembly Members Act
Defendant 1 and one other
Prosecutor
Attorney Kim Young-young (for the defendant)
Daegu High Court Decision 88No372 delivered on November 30, 1988
The part of the lower judgment against Defendant 1’s acquittal and Defendant 2 is reversed, and that part of the case is remanded to the Daegu High Court.
As to the Prosecutor’s Grounds of Appeal
The part of the facts charged of this case which the court below acquitted is as follows. The defendants conspired to provide money to the voters of Ansan-si for the purpose of getting elected, a candidate for the National Assembly member, in relation to the election of the 13th National Assembly member. From April 21, 1988 to 02:30, the defendant 1 sent money to the voters of Ansan-si 309, Ansan-si dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-
The court below held that the crime of expressing intent to provide so-called money, etc. under Article 152 (1) 1 of the Election of National Assembly Members Act is established when the intention reaches an elector who is the other party, and that the communication media (in this case, letter bags) at least when the other party's residence reaches the other party's residence, etc. and that the other party's family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' family members' 4,455 copies of 20,000 won which the defendants received 4,4550,000 won of cash to the other party's family members' family members' family members' family members' family members.
However, considering that the expression of intent to offer money, etc. in the Election of National Assembly Act is an abstract danger which is protected by the law as a legal interest, the crime of expression of intent shall be established in a case where the expression of intent is objectively and objectively present, and the person who expressed his intent is unable to withdraw the arrival to the other party in the manner of mind. In this case, it is evident in the record that the mail containing cash by the Defendants was received to the post office and sent to the post office, and it was discovered that the mail was detected before being sent to the addressee on the premise that the crime of expression of intent was established, the judgment of the court below determined that the crime was not completed because the mail was detected before being sent to the addressee, on the premise that the crime of expression of intention was established. However, the establishment of the crime like this case is not a matter of which the determination of the other party was affected by the expression of intent of the Defendants, and even if there was no realistic arrival to
The judgment of the court below is justified as it affected the judgment by misunderstanding the crime of expression of intent to provide money, etc.
Therefore, the part of the judgment of the court below regarding Defendant 1’s acquittal and Defendant 2 is reversed, and this part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Young-young (Presiding Justice)