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(영문) 광주고등법원 (전주) 2018.09.18 2018노3
공직선거법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The act of Defendant 1’s assertion that there is no satisfaction of the requirement as it is an act of occupational mistake and misapprehension of the legal doctrine) and the act of Defendant 1’s payment of goods at the place of senior citizens’ center 6 is a direct and free execution of the discretionary project cost allocated to the Si Council members out of the project cost for the performance reinforcement of functions per senior citizen center based on the ordinance on the support of senior citizens’ center in the previous city, and does not constitute an act of offering money and goods under the relevant local government’s ordinances that specifically define the project plan and the scope, etc. subject to the local government’s own project plan and the budget).

B) The Defendant’s act does not constitute an act in the line of duty even if the Defendant’s act was justifiable.

Even if it comes to a legitimate act that does not violate the social rules in criminal law, the illegality is excluded.

2) The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Determination on the assertion that an act is an act in the duties of the Defendant (hereinafter “the task of functional reinforcement”) is a project that grants local subsidies to the senior citizens to support the purchase of goods and the maintenance and repair expenses of the senior citizens’ leisure facilities in the previous week, based on the “Ordinance on the Management of Local Subsidies in Jeonju-si” (hereinafter “Ordinance on the Management of Subsidies”).

The Ordinance on the Subsidies stipulates matters necessary for the subjects of the grant of local subsidies from the budget of the Jeonju City pursuant to Articles 17 and 32-2 through 32-10 of the Local Finance Act, the prevention and use of school departments, and the disclosure of subsidized projects, etc. (Article 1), and Article 4 of the Local Finance Act shall apply to the Jeonju City if there is a provision in a law pursuant to Article 17 of the Local Finance Act.

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