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(영문) 서울고등법원 2017.09.07 2017노2029
공직선거법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Although Article 114(1) of the Act on the Election of Public Officials does not apply to the candidate or the prospective candidate himself/herself, the court below erred by misapprehending the legal principles on Article 114(1) of the Act on the Election of Public Officials.

In the case of this case, misunderstanding the legal principles on Article 112(2)2(l) of the Act on the Election of Public Officials, the transmitted club of this case is not a crime because it does not differ from the exercise of “regular anniversary of the establishment of a new political party, sports competition for employees, etc.” as stipulated in Article 112(2)2(l)(l) of the Act on the Election of Public Officials.

Nevertheless, the judgment of the court below which convicted some of the charges of this case is erroneous in the misapprehension of legal principles.

There is no proof as to what area he/she intends to go to a public office in a local election in the seventh local election scheduled on June 2018, and there is no proof as to the relation to the election.

Nevertheless, the judgment of the court below which found the defendant guilty of some of the facts charged of this case is erroneous.

The Defendant alleged that the Defendant had the intention to make a contribution, because he did not directly intervene in the process of holding the sending back of this case, and did not recognize that non-member was likely to be present or not receive KRW 10,000,00.

subsection (b) of this section.

Nevertheless, the court below erred by misunderstanding the facts.

The Defendant’s crime of this case alleged in the misapprehension of the public prosecutor’s legal doctrine is a single comprehensive crime, which does not need to be proved for each participant’s personal relationship, and according to the evidence submitted by the prosecutor, the Defendant provided “the number of voters in the constituency of the participants” with “the amount of meals and prizes equivalent to KRW 2,850,000,” and deemed sufficient

Nevertheless, the judgment of the court below that the relation should be recognized for each participant.

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