The meaning of money and valuables in the form of "classified" under Article 230(4) of the Public Official Election Act

“Classification” under Article 230(4) of the Public Official Election Act prohibiting the act of transporting money and goods in the form of dividing the number of electors during the election period for the purpose of election, etc. refers to dividing money and goods as provided for in the same Article into a large number or small number of pages according to a certain standard. It includes not only inserting money in packaging or envelope, or selling it in a container or envelope, but also dividing it into several units to distribute it separately.

Article 230(4) of the Public Official Election Act

Defendant 1 and one other

Defendants

Law Firm E.S., Attorneys Hong-soo et al.

Daegu High Court Decision 2008No293 Decided November 27, 2008

All appeals are dismissed.

We examine the grounds of appeal.

1. The purport of the law that specifically specifies the facts charged lies in limiting the scope of the trial against the court and clarifying the scope of the defense against the defendant to facilitate the exercise of his/her defense. Thus, the facts charged is sufficient to state the relevant facts to the extent that it can be distinguished from other facts by integrating these elements. Even if the date, time, place, method, etc. of the crime are not explicitly indicated, in light of the nature of the crime charged, if the general indication of the facts charged is inevitable, the indictment cannot be deemed unlawful since its contents are not specified (see Supreme Court en banc Decision 9Do335, Oct. 12, 199; Supreme Court Decision 2002Do807, Jun. 20, 2002; Supreme Court Decision 2005Do4177, Jun. 27, 2006; Supreme Court Decision 2005Do4177, Apr. 20, 2008). Examining the facts charged in this case, the court below did not err by misapprehending the legal principles as to the extent of “the extent of extinctive prescription period”.

2. Examining the evidence of the judgment of the court below and the judgment of the court of first instance maintained by the court below in light of the records, the court below is justified in finding the defendant guilty of the facts charged of this case related to the receipt of money, and there is no violation of the rules of evidence or misapprehension of

3. Article 230(4) of the Public Official Election Act prohibits the act of transporting money and goods "for the purpose of getting elected or getting another person elected or not to be elected, the act of transporting money and goods is prohibited." The division refers to dividing the money and goods prescribed in the same Article into a large or small number of pages according to a certain standard, and there is no restriction on the division method, and it includes not only inserting money into packaging or envelope, saving them into goods, or saving them into goods, but also holding them separately so that they can be distributed by dividing them into several units. In light of the above legal principles and records, the court below did not err in the misapprehension of legal principles or misapprehension of legal principles as to the rules of evidence against the rules of evidence as alleged in the grounds of appeal.

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

Justices Park Ill-sook (Presiding Justice)