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The judgment of the court below is reversed.
The case is remanded to the Daegu District Court Panel Division.
Reasons
1. The summary of the grounds for appeal in this case is that the defendant provided money in itself for the purpose of getting the "five or six candidates" to be elected, and the court below judged that the procedure of prosecution is invalid due to the lack of specification as to the purpose of getting a candidate to be elected, in violation of the provisions of the Act, and dismissed the public prosecution. In so determining, the court below erred by misapprehending the legal principles as to the entries in the indictment.
2. Determination
(a) No person who is a summary of the facts charged shall provide any money to an elector with the intention to have another person cast or not cast a vote, or to have another person win or lose in the election;
Nevertheless, for the purpose of having a non-party elected in connection with the C Special Election that was implemented on December 19, 2012, the Defendant: (a) around 14:00 on December 11, 2012, the Defendant: (b) up to E operated by the Defendant in Busan-si; (c) up to 14:00 on December 11, 2012, the Defendant: (d) requested F to provide support for the non-party 10,00 won; and (e) requested F to provide two bags containing one 10,000 won worth.
As a result, the defendant provided money to the elector for the purpose of getting a candidate to be elected.
B. The judgment of the court below is based on the provision that punishs a person who provided money to an elector for the purpose of getting elected, and the crime of violating the above Public Official Election Act constitutes a so-called purpose crime requiring “the purpose of being elected separately,” in addition to intention, as an excessive subjective constituent element for the establishment of the crime, and the above purpose is to stipulate specific facts that constitute the element of the crime in order to distinguish facts from other facts by comprehensively taking account of the date, time, place, and method of the crime.