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(영문) 대법원 2006. 12. 21. 선고 2006도7087 판결
[공직선거법위반][공2007.2.1.(267),243]
Main Issues

The meaning of "persons who have relations with electors" under Article 113 (1) of the Public Official Election Act;

Summary of Judgment

Article 113(1) of the Public Official Election Act prohibits an act of donation to a person who is located in the relevant constituency and a person who has relations with the electorate even if he/she is outside the relevant constituency. Here, the term “person who has relations with the electorate” means a person who has a certain blood-related or personal relationship with the electorate in the relevant constituency, such as his/her family, relative, family, family, relative, workplace, club, native folk, alumni meeting, alumni meeting, relatives meeting, etc., and is likely to have any direct or indirect influence on the decision-making of the electorate, regardless of the reason for such connection.

[Reference Provisions]

Article 113(1) of the Public Official Election Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Law Firm Jeongam, Attorneys Lee Jong-hun et al.

Judgment of the lower court

Seoul High Court Decision 2006No1568 delivered on September 28, 2006

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Article 113(1) of the Public Official Election Act prohibits an act of donation to a person who is located in the relevant constituency and a person who has relations with the electorate even if he/she is outside the relevant constituency. Here, the term “person who has relations with the electorate” means a person who has a certain blood-related or personal relationship with the electorate in the relevant constituency, such as his/her family, relative, family, family, relative, workplace, club, native folk, alumni meeting, alumni meeting, relatives meeting, etc., and is likely to have any direct or indirect influence on the decision-making of the electorate, regardless of the reason for such connection.

In light of the above legal principles and records, it is proper that the first instance court, maintained by the court below, found the defendant guilty of facts constituting an offense based on the evidence adopted by the court below, and there is no error of law such as misconception of facts against the rules of evidence in the judgment below, and there is no illegality such as misunderstanding of legal principles as to contribution acts under the Public Official Election Act, unless the provision of money and valuables as stated in the judgment cannot be deemed to have

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Hong-hoon (Presiding Justice)

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