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(영문) 대전고등법원 2015.05.06 2015노30
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is found guilty as a contribution act prohibited by the Public Official Election Act.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts or misunderstanding legal principles.

2. Determination

A. The summary of this part of the facts charged is a person who was registered as a preliminary candidate for the E-party Maok-gun-gun of the E-party, on March 27, 2014 at the 6th nationwide local election implemented on June 4, 2014, and died.

A person who intends to be a candidate shall not make a contribution act to a person in the constituency concerned, or an institution, organization, facilities, or a person who is residing outside the constituency concerned but has relations with the electorate, or institution, organization, or facilities

1) From November 201 to December 201 of the same year, the Defendant provided 200 copies of the monthly calendar of 2013 to customers, visitors, or visitors, etc. in the name of customers, visitors, or visitors, etc., in the name of the Defendant, and provided 200 copies of the monthly calendar of 200 won in a restaurant operated by the Defendant, “M”, which was operated by the Defendant, with the name of the Defendant. 2) The Defendant provided 200 copies of the monthly calendar of 200,000 won as the market price indicated in the name of the Defendant in the above “M” restaurant from November 1, 201 to December 201 of the same year, during the period from November 3, 2012 to December 20 of the same year.

3 The Defendant provided 2,420,00 won in total in the market value on which the Defendant’s name was indicated in the restaurant of “M” from the lower police officer on November 1, 2013 to the December 201 of the same year to the electorate or the electorate, such as his/her customers and visitors, with 250 won in the month of 2014.

Accordingly, the defendant made a contribution to a person in the constituency concerned or a person who has relations with the electorate.

B. The lower court’s determination is based on the adopted evidence.

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