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All appeals are dismissed.
Reasons
1. Judgment on Defendant B’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)
A. As to the assertion that Article 47-2(1) of the Public Official Election Act is unconstitutional, Article 47-2(1) of the Public Official Election Act provides that “any person shall not provide, express an intention to provide, or promise to provide money, valuables, other property gains, or public or private positions, or shall not receive the offer or accept the declaration of intention to provide it, in connection with the recommendation of a specific person as a candidate by a political party.” Article 230(6) of the same Act provides that “any person who violates Article 47-2(1) or (2) shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won
Article 47-2 (1) and Article 230 (6) of the Public Official Election Act are clear that the meaning of Article 47-2 (1) and Article 230 (6) of the Public Official Election Act clearly has clarity as a penal provision, so it is not contrary
In addition, Article 230(6) and Article 47-2(1) of the Public Official Election Act are justified in that the legislative purpose of the Public Official Election Act is to create a fair election by fundamentally preventing the influence of the right of gold from the candidate's recommendation stage in the public official election.
Furthermore, the restriction is meaningful as an institutional device to guarantee the freedom and fairness of the election for public office, and the restriction is carried out under the premise that the political party is related to the recommendation of a specific person as a candidate in the election for public office, and it is difficult to present an effective means to prevent harm in addition to the prohibition of offering or receiving money or goods in connection with the recommendation of the candidate for the election for
In full view of these points, the act of receiving money or property benefits in relation to the election of political parties.