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(영문) 대구고등법원 2014.04.22 2014노94
공직선거법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Article 113(1) of the Public Official Election Act, such as misapprehension of legal principles, limits the act of donation to individuals, such as local council members. However, the act of donation in this case is not limited to the name of Defendant A, B, and C, but also limited to the name of organization "Si/Gun/Gu council members of the City/Do," and money and valuables provided for the act of donation is also funds of the above council. The chairman of the committee, who is the other party to the act of donation, recognized that Defendant D and C were provided for the act of donation by the above council members other than Defendant A, B, and C, but the execution of the fund was conducted with the chairman of the above council and the general secretary at the time of its formation, but it is clear that the above act of donation in this case was conducted in accordance with the first resolution of the council. Thus, even if it is acknowledged that the act of donation in this case was conducted in the name of the other party members of the above Council, the act of donation in this case was conducted in the name of the chairman of the above Council, which was agreed upon by the other party members of the Council.

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