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(영문) 대구지방법원 2019.02.13 2018고합530

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was elected in the 7th local election of a member of the National Assembly, which was implemented on June 13, 2018, by going to the constituency C for the election of a member of the National Assembly in the 7th local election.

A person who intends to become a candidate shall not make a contribution act with a person in the relevant constituency, or an institution, organization, or facility, or a person having relations with the electorate even if such person is outside the relevant constituency, or an institution, organization, or facility.

Nevertheless, on September 2, 2017, the Defendant provided 40 members of the senior citizen center in the election district in F, a group of 6,000 won per person, including food, such as 6,000 won per person, from around March 3, 2018, to 240 members of the senior citizen center in the election district in the total of six times as shown in the attached list of crimes, as shown in the attached list of crimes, food equivalent to KRW 1,440,00.

Accordingly, the defendant was a candidate who intends to be a candidate and made a contribution to a person in the election district.

Summary of Evidence

1. Part of the defendant's legal statement

1. Part of the prosecutor's protocol of interrogation of the defendant

1. Each police statement of G and H;

1. Request for investigation, written answer, each newspaper technician, I's contents, written confirmation, confirmation request for cooperation in investigation, reply to the J contents, explanation contents, written confirmation, materials for cooperation in investigation, submission of materials for investigation, and promotional materials;

1. Application of Acts and subordinate statutes to an investigation report (to listen to the statements by L phone head of the K Welfare Team, listen to the statements by telephone, the submission of the details of J conversations with reference persons G/A, the submission of a certificate of H fact-finding by reference persons, the submission of a report on H telephone statement, the submission of suspect A election promotional materials, the submission of suspect A election promotional materials

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes committed on March 3, 2018) is 1.