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(영문) 서울고등법원 2015.04.09 2015노186
공직선거법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant Ha means that “I will you see that you will not see the representatives? I cannot see the horses,” and 50,000 won (hereinafter “50,000 won”) is 50,000 won.

(B) The judgment of the court below that recognized the act of making an act of making an act of making an act of making an act of donation in a manner that is against the principle of no taxation and law, even though the Defendant intended to do so or did not have any fact that the money located on the floor in the process is against the principle of no taxation and law of no taxation and law, and even though the Defendant’s act of making an act of making an act of making an act of donation in a manner that is against the principle of no taxation and law, even though the amount of KRW 50,000,000,000,000

2. Determination

A. On June 4, 2014, the Defendant was registered as a preliminary candidate for the F Party in Seongdong-gu Seoul E-gu Seoul Metropolitan Government at the sixth simultaneous local elections implemented on June 4, 2014.

A National Assembly member, local council member, head of local government, representative of political party, candidate (including a person intending to become a candidate), and his spouse shall not make a contribution act to persons in the constituency concerned, or institutions, organizations or facilities, or persons having relations with the electorate even if they are outside the constituency concerned, or institutions, organizations or facilities

At around 15:00 on April 7, 2014, the Defendant found in the H’s office, the electorate located in Seongdong-gu Seoul Metropolitan Government, that “I will get to know well about the representatives. I will not see any horse only. I will pay 50,000 won (No. 1) from the Defendant’s right side. However, H came to go to H in his hand, and even if H dumped the floor, she dumped the above KRW 50,000 won to the floor, it was as it is.

Accordingly, the defendant made a contribution to the electorate.

B. According to each of the following images: (a) the field of the issues at issue; (b) the photo extracted from CCTV video images (suspect A); (c) the place of extract of CCTV video images; and (d) the real estate building photographs operated by the suspect, the Defendant’s office at H around April 15:00.

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