(영문) 대법원 2017.04.13 2016도20490 | 리걸엔진

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(영문) 대법원 2017.04.13 2016도20490

공직선거법위반

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. For the purpose of Article 112(1) of the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016; hereinafter the same shall apply), the term "contribution act" in this Act means an act to provide money, goods, or other property benefits, to a person in the relevant constituency, a meeting or event of an institution, organization, facility, or electoral resident, or a person having a relation with the electoral district, or to an institution, organization, or facilities outside the relevant constituency even if there is an election district, or to provide such things.

Article 257(1) of the former Election Act (amended by Act No. 741, Apr. 1, 2007) provides that “The term “the person who is the other party to the election district concerned” includes not only the person who has a domicile or residence in the election district but also the person who temporarily stays in the election district, and the term “person who has a domicile or residence in the election district” means a person who has a relationship with the resident of the election district, but also the term “the person who has a relationship with the resident of the election district” means a person who has a relationship with the resident of the election district, such as a family, relative, family member of the political party and family member of the candidate (Article 113), a third party’s contribution act (Article 114), and a person who violates this provision (Article 257(1)). The term “the person who is the other party to the election district concerned” means a person who may have direct or indirect influence on the decision-making of the resident of the election district at the time of the election district.

must be viewed.

In this regard, Article 25 (2) of the former Public Official Election Act provides that "The names and districts of local constituencies for National Assembly members shall be as specified in attached Table 1.

The following shall be specified in attached Table 1:

참조판례

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