logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.10 2016노2634
공직선거법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (defendant 1) 1 of the facts constituting a crime misunderstanding (defendant 1) cannot be deemed to have received or contributed money from R “in relation to the recommendation of a specific person as a candidate by a political party”. The I did not have any doubt that R received any request from R in relation to the recommendation of a candidate for proportional representation or made a disbursement of money to obtain a recommendation of a candidate for proportional representation, and did not have any position to assist in the R’s recommendation of a candidate for proportional representation and did not have such political situation.

Therefore, the said money that R provided and donated to I cannot be deemed to be “related to the recommendation of a specific person as a candidate by a political party.”

Moreover, there is no intention that the defendant and I received money from R in relation to the recommendation of proportional representative candidates, nor there is no fact that they conspired to do so.

B) It is deemed that I was provided with or contributed to the expenses for formation of a political party.

I did not know how R did not instruct R to bear the expenses for the formation of a political party and how R paid the expenses for the formation of a political party.

L party formation expenses, etc. paid by R shall be provided and contributed by the Preparatory Committee for the formation of a political party, and I shall not be recognized as the main body of the number.

C) Money provided or contributed by R that cannot be deemed to have received political funds in a way that is not prescribed by the Political Funds Act shall not be punished by deeming that the preparatory committee for the formation of a political party L. which received a donation from the Preparatory Committee for the formation of a political party as having received a donation of political funds in a manner that is not prescribed by the Political Funds Act.

2) Criminal facts No. 2 are that the Defendant paid money under the pretext of money or money to AA who assist the driving, etc. of his/her vehicle.

Therefore, it cannot be said that the Defendant had "related to election campaign" with the money paid to A.

B. Sentencing (the defendant and the defendant)

arrow