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(영문) 서울고등법원 2016.07.07 2015누49230
포상금지급결정 재결처분취소등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain are the same as the reasons for the judgment of the first instance except for dismissal or addition of a part of the judgment of the first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the court of first instance (hereinafter referred to as "E") shall be referred to as "E" as "G (hereinafter referred to as "G") in the vicinity of the E.

Each “F” of the 15th, 19th, 3rd, 8th, 4th, 16th, 19, 6-7, and 8th, shall be raised to “H” respectively.

The second part of the judgment of the first instance court is "the violation of the Public Official Election Act" in the second part of the judgment of the first instance court as "the violation of the Public Official Election Act".

Each "E" of the 19th, 3rd, 7th, 4th, 16, 19th, 6th, and 8th, shall be raised to "G", respectively.

No. 13 of the 3th judgment of the first instance court is "No. 1, 2, and 3" with "No. 1, 2, 3, 7, 8, and 10."

Each "self" of paragraph 5 of the 6th judgment of the first instance court shall be advanced to "E", respectively.

In addition, the following shall be added to "each report on the facts of the above election crime" in the second 15th judgment of the court of first instance.

【G upon making the above report, submitted the recording of E and D, and the above recording record contains the content that B promised to provide D with a loan of KRW 5 billion in return for recommendation of proportional representative candidates. In addition, H reported the overall atmosphere of C parties, such as the loan commitment of KRW 5 billion in the investigation process even after the above report, and the relationship and circumstances between C political parties and proportional representative candidates in the process of selecting proportional representative candidates, etc.

3. The decision of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

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