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(영문) 대전고등법원 2016.12.26 2016노257
공직선거법위반
Text

The judgment of the court below is reversed.

Punishment against the Defendants shall be prescribed by ten months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the appellate trial, the prosecutor applied for permission to amend the indictment with the content of changing the facts charged as stated in Paragraph 2 below, and this court permitted this.

Therefore, the violation of the Public Official Election Act due to the third party's contribution act was changed to the subject of the judgment, and the violation of the Public Official Election Act due to the receipt of the contribution act should be sentenced to a single punishment for each defendant in the background-based relationship under the former part of Article 37 of the Criminal Act.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.

[Judgment used again against the accused] In relation to the 20th National Assembly member election conducted on April 13, 2016, the G Party filed a motion for proportional representation, but failed.

In relation to the 20th total election, the Defendants recruited the members responsible for supporting F in order to benefit the F in favor of F in the competition and election in the G Party, and recruited with F to recruit party members by receiving the membership fee payment and activity expenses from F and paying 30,000 won per person for the six-month party membership fee from May 2015 to June.

1. No one shall receive contributions from a National Assembly member, local council member, or local organization head, representative of a political party, candidate (including a person intending to become a candidate) and his/her spouse with respect to an election, in relation to the payment of party membership fees and activity expenses;

Defendants conspired to act on May 2015 on the rooftop of the I building owned by Cheongju-si Office HF in Cheongju-si.

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