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(영문) 대전고등법원 2017.03.20 2017노14
공직선거법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

The act of providing self-food on March 9, 2016 by misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles (defendants) constitutes a courtesy act, which constitutes “an act of paying membership fees within the previous scope, pursuant to the articles of association, regulations, or duties under the operational practices, as a member of various social or friendship groups, such as friendship and friendship groups, and social organizations” under Article 112 subparag. 2 (e) of the Public Official Election Act, and cannot be deemed as a contribution act.

The act of providing food and drink on March 10, 2016 and March 14, 2016 is not unlawful as it is an ordinary act conducted in the course of exchange with persons with a usual friendship, and it does not violate the social rules.

The sentencing of the lower court’s unfair sentencing (amounting to KRW 800,00) is unfair because it is too uneasible (the prosecutor). On the contrary, the above sentencing is unfair because it is too unreasonable (Defendant). On the contrary, the lower court determined that the Defendant’s act stated in paragraph (1) of the crime of the lower judgment does not constitute a courtesy act as to the Defendant’s mistake of facts and misapprehension of the legal doctrine, and thus, cannot be viewed as a contribution act, based on the evidence duly adopted and investigated as follows: (a) it is difficult to view the Defendant as a new member at the J Tong-do Association, and it is difficult to see that the Defendant joined a new meeting as a member, and then

J A Bans' meeting is a friendship group comprised of the former incumbent heads of Tongs and Bans, women's presidents, etc., and shall hold a regular meeting every nine days.

Defendant 1 received contact from I, a member of the above gathering, and attended the above gathering in January 2016, and told I to the effect that I would die for boomed at the next three-month meeting (the two-month meeting did not overlap with a holiday). I was waiting for the above gathering in March and notified the Defendant of the place of the gathering.

On March 9, 2016, the Defendant entered a F cafeteria on March 18:14, 2016 and divided I, residents, and personnel, and 18:21 meal costs.

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