[1] The meaning of "related to election campaign" under Article 135 (3) of the former Public Official Election and Prevention of Election Illegal Act

[2] The meaning of "a person who intends to become a candidate" under Article 113 of the former Public Official Election and Prevention of Election Illegal Act

[1] Articles 135(3) and 230(1)4 of the former Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 7681 of Aug. 4, 2005) / [2] Article 113 of the former Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 7681 of Aug. 4, 2005)

[1] Supreme Court Decision 2004Do6795 Decided February 18, 2005, Supreme Court Decision 2005Do2246 Decided September 15, 2005 / [2] Supreme Court Decision 2004Do7360 Decided January 13, 2005 (Gong2005Sang, 254)

Defendant

Defendant

Gwangju High Court Decision 2005No446 decided April 6, 2006

The appeal is dismissed.

1. The crime of violation of Articles 230(1)4 and 135(3) of the Public Official Election Act (amended by Act No. 7681 of Aug. 4, 2005, hereinafter “Public Official Election Act”) which apply to the instant case is subject to punishment of offering money, valuables, or other benefits in connection with the election campaign, expressing an intention to offer them, or promising to offer them. The subject of punishment is not limited to offering money, goods, etc. during the election campaign period as provided by the Public Official Election Act. "in relation to the election campaign" as provided by Article 135(3) of the same Act is more broad than "for the election campaign, taking advantage of matters concerning the election campaign," and even if there was no purpose of influencing the purpose of the election campaign or the election, the act itself is established in the need to regulate the act that is highly likely to infringe on the freedom and fairness of the election. Thus, there is no need to provide money and valuables for the election campaign, and it includes information related to the election campaign and expenses related to the election campaign, etc. 2050.

The court below, after compiling the admitted evidence, affirmed the judgment of the court of first instance that found the defendant guilty of the provision of money and valuables to the non-indicteds by aiding and abetting his election campaign for the election of the new military head of the Gun. In light of the records, the court below's finding of evidence and finding of facts in the court of first instance can be accepted in light of the above legal principles, and there is no error of misconception of facts due to violation of the rules of evidence or misapprehension of legal principles

2. The "person who intends to become a candidate" under Article 113 of the Public Official Election Act includes not only the person who is scheduled to run in an election but also the person whose candidate's intention to run in an election is definitely expressed, such as a punishment for an activity to obtain a candidate from a general elector, but also the person who can objectively recognize that he/she has an intention to run in an election in light of his/her status, contact, or speech and behavior (see Supreme Court Decision 2004Do7360, Jan. 13, 2005). The court below recognized the facts as stated in its decision after comprehensively taking into account the adopted evidence, and determined that the defendant had an intention to run in an election of the new head of the new Gun at the time of offering the money and valuables, but also the expression of his/her intention has reached the extent that it could objectively be recognized, and there is no violation of the rules of evidence, such as misunderstanding of facts due to violation of the rules of evidence or misunderstanding of

3. The court below affirmed the judgment of the court of first instance which found the defendant guilty of this part on the grounds that the court below acknowledged the facts as stated in its judgment after compiling the adopted evidence, and found the defendant guilty of the purchase crime (the crime of violation of Articles 235(1) and 97(1) of the Public Official Election Act) and the crime of false accusation for the illegal use of the press media as stated in its judgment against the defendant. In light of the records, the court below's evidence preparation, fact-finding and judgment in the court of first instance are legitimate and acceptable, and there are no errors in the misapprehension of legal principles due to the

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

Justices Son Ji-yol (Presiding Justice)