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(영문) 대법원 2017.02.09 2016도17684
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to Defendant A’s grounds of appeal

A. As to the provision of money and valuables related to election campaign, the crime of violation of Articles 230 (1) 4 and 135 (3) of the Public Official Election Act applicable to this case is subject to punishment of offering money and valuables or other benefits in connection with the election campaign or expressing an intention to offer them or promising to provide them. The subject of punishment is not limited to offering money and valuables during the election campaign period as prescribed by the Public Official Election Act, and "in relation to election campaign" as provided by Article 135 (3) of the same Act is more extensive than "for election campaign, with the motive of matters concerning election campaign". Even if there was no purpose of influencing the purpose of election campaign or election, it is more broad than "for election campaign" and even if it was established in the necessity to regulate acts that might infringe the fairness of election campaign, and thus, it does not necessarily require consideration for election campaign-related information, and the act of offering money and valuables to Defendant A, such as election campaign-related information related to election campaign-related expenses, and if it is related to election campaign-related expenses.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it violates logical and empirical rules.

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