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(영문) 대전고등법원 2018.06.15 2018노153

공직선거법위반

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The defendant above.

Reasons

1. Progress of judgment;

A. On January 20, 2016, the prosecutor prosecuted the Defendant for the violation of the Public Official Election Act regarding the fact that the Defendant promised to provide money or goods in connection with the election campaign to B, from February 1, 2016 to February 13, 2016, that the Defendant provided money or goods in connection with the election campaign to B in connection with the election campaign, and that on January 26, 2016, a person who wishes to become a candidate and made a contribution to an organization comprised of residents in the constituency or residents in the constituency and is related to him/her.

B. The prosecutor added 70,000 won to 6 persons, such asO, who are eligible to enter on the electoral registry, for the purpose of winning the election in the 20th local constituency election for the 20th local constituency election, and applied for amendments to a bill of amendment of the Act to the effect that the Defendant offered entertainment equivalent to 70,000 won for the 70,000 won for the 20th local constituency election

(c)

The lower court convicted each of the charges of violating the Public Official Election Act on the provision of money and valuables to B related to the election campaign and violating the Public Official Election Act on the provision of money and valuables related to the election campaign, and acquitted each of the charges of violating the Public Official Election Act on the provision of money and valuables related to the election campaign, and acquitted each of the charges of exceeding the amount in excess of the above amount, and acquitted each of the charges of violating the Public Official Election Act on the provision of money and valuables related to the election campaign, which is the primary charge related to the provision of meal expenses, and violation of the Act on the Election of Public Officials due to the provision of money and valuables for the purpose of election, which is the ancillary charge.

(d)

On the other hand, the defendant's guilty part of the judgment of the court below is erroneous, misunderstanding the legal principles, and sentencing is unfair, and the prosecutor violates the Public Official Election Act due to the act of donation, which is the primary charge related to the provision of meal expenses, among the acquitted part of the judgment of the court below,