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(영문) 광주고등법원 (전주) 2014.04.22 2013노250
공직선거법위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that this judgment.

Reasons

1. Progress of lawsuit and scope of adjudication of this court;

A. The summary of the facts charged is that Defendant A, at the 19th National Assembly member election conducted on April 11, 2011, carried out as a candidate for the F Party in the E constituency and carried out an election campaign for G elected. Defendant B was a person who carried out an election campaign with H for the election of G in the above election.

1) The Defendants jointly committed an election campaign (Establishment of a similar organization and prior election campaign) of the Defendants: (a) prepare a life group of Hadon through a non-preferred organization at the J office operated by H and deliver it to the G election campaign office; (b) establish and operate a similar institution or similar organization not in accordance with the Public Official Election Act for G from December 201 to April 10, 201; and (c) provide a prior election campaign from December 201 to March 28, 2012; (d) Defendant A violated the Public Official Election Act due to the provision of benefits related to the election campaign by Defendant A was paid KRW 600,000 to the Defendant and the Defendant on January 10, 2012, KRW 1,560,000,000 to the remainder of the election campaign under the name of the Defendant on February 19, 201, and KRW 201,000,000 for the same election campaign as the Defendant on March 24, 2019.

In collusion with H, it received KRW 15.6 million in relation to the election campaign of the G candidate.

B. The lower court’s determination at the lower court is limited to KRW 2,260,00,000, excluding KRW 2 million from February 19, 2012, among the Defendants’ portion of the advance election campaign, and ② Defendant A’s benefit related to Defendant A’s election campaign.

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