The meaning of "the act of assault, intimidation, inducement, or illegal arrest or confinement of a member or employee of an election commission or a person or witness engaged in election affairs" under Article 244 of the Act on the Election of Public Officials and the Prevention of Unlawful Election Act.

Examining the legislative purport, structure, contents, and structure of Article 244 of the Act on the Election of Public Officials and the Prevention of Unlawful Election Act, if a person related to the management of election affairs is engaged in assault, intimidation, inducement, or illegal arrest, confinement, etc., in relation to the election, it shall be interpreted that it constitutes an element of the act of assault, intimidation, inducement, or illegal arrest and confinement of a member, employee, person engaged in election affairs, or witness of the election commission, and otherwise, it shall not be interpreted that it is limited to cases where a person related to the management of election affairs related to voting and ballot counting requires or disturbs a polling station, ballot-counting place, or election commission office by assault or intimidation.

Article 244 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

Defendant

Defendant

Attorneys Kim Jong-young et al.

Seoul High Court Decision 2003No2378 delivered on December 5, 2003

The appeal is dismissed.

1. As to the violation of the Act on the Election of Public Officials and the Prevention of Election Malpractice

Article 244 of the Act on the Election of Public Officials and the Prevention of Election Malpractice provides that "Any person who assaults, threatens, induces, or unlawfully arrests or confines a member or employee of the election commission, or a witness, or disturbs a polling station, ballot-counting place, or the election commission office by assault or intimidation, or detains, damages, or seizes a facility for voting and ballot counting, such as ballot papers, ballot papers, voting aid, computer system, or other documents or seals on an election, shall be punished by imprisonment with prison labor for not less than one year, but not more than ten years, or by a fine not less than 5 million won, but not more than 30 million won." Examining the legislative purport, structure, contents, and structure of the above Act, if a person who is engaged in election affairs or a witness illegally arrests, confines, or confiness a person who is engaged in election affairs in connection with the election affairs, it shall be interpreted that it constitutes an act of assault or confinement of a member, employee of the election commission or a person who is engaged in election affairs, or witness in the election affairs, or that it constitutes an act related to the voting, ballot or ballot counting office.

In the same purport, the court below is just in maintaining the first instance court's measure, which applied the above provision to the crime of this case where the defendant assaulted the guidance leader of the election commission, while conducting the election control, and there is no error in the misapprehension of legal principles.

2. As to the violation of Article 30(2)5 and Article 13 subparag. 1 of the Political Funds Act

The court below maintained the facts acknowledged by the court of first instance, such as the time when the defendant received the money of this case from the fixed number, the street, and the same-sexs as party membership fees, and the process of handling the money as the party membership fees, and held that the defendant did not pay money to the fixed number, street, or the same-sexs, such as the defendant's speech and behavior related to internal river, which stated that he would not pay money. The court below affirmed the fact-finding and the judgment of the court of first instance, which held that each of the above money that the defendant received from the fixed number, etc. was received in relation to the recommendation of the candidate for the election of the council members of Dobong-gu Council.

In light of the records, such measures by the court below are reasonable and there is no violation of the rules of evidence and the misapprehension of the legal principles as to Article 13 subparagraph 1 of the Political Fund Act.

3. As to the violation of Article 30(1) of the Political Funds Act

The court below affirmed the first instance court's decision that found the Defendant guilty by applying Article 30 (1) of the Political Funds Act on the ground that the Defendant's act constitutes a case where the Defendant received political funds in a manner not provided for in Article 30 (1) of the Political Funds Act, since it constitutes a case where the Defendant received political funds in the name of the supporters' association in the Dobong-gu, Seoul Metropolitan Government, without going through a supporters' association, after the Defendant directly received 2 million won as a candidate for the election of the members of the Seoul Metropolitan Government Council, which was recommended as a candidate for the election of the members of the Seoul Metropolitan Government Council.

In light of the records, the fact-finding and decision of the court below is just, and there is no error of law by mistake or misunderstanding of legal principles as to Article 30 (1) of the Political Fund Act.

4. Conclusion

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

Justices Lee Han-gu (Presiding Justice)