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(영문) 의정부지방법원 고양지원 2015.11.20 2014고합230

공직선거법위반

Text

Defendant

B and C shall be punished by imprisonment for six months.

Defendant

A All of them shall be innocent. The judgment of innocence against Defendant A shall be acquitted.

Reasons

Punishment of the crime

A On June 4, 2014, a person elected as a candidate for the K Party in the H (I and J) election of the high local council members of the Hayang City City/Do Council on the 6th nationwide election is the representative of the "L Child Care Center" and "M Child Care Center". Defendant C is the mother of A, and Defendant B is the director of the "L Child Care Center" and Defendant B is the director of the "M Child Care Center."

No sibling of a candidate shall make a contribution act for a candidate in connection with the election before the election period, and no one shall make a contribution act for the candidate in connection with the election.

Nevertheless, on April 10, 2014, Defendant B and C withdraw the principle of abolition of basic official practices by K political parties.

6. 4. In a local election, at the election campaign office of a party member who is eligible to support A in the light of a defect in performing a presidential election for members of the basic local government, Defendant C paid KRW 8,000 of the party membership fee of P in his/her post office (Account NumberO) on April 17, 2014, in lieu of the party membership fee of a party member who is eligible to support A in the light of a defect in performing a presidential election for members of the basic local government. Defendant C paid KRW 8,000 of the party membership fee of P in lieu of the passbook of the Gyeonggi-do National Bank of Korea (Account Number Q).

Defendant

B and C made a contribution by paying 216,000 won in lieu of the party members' membership fees for 31 members by the aforementioned method as shown in the list of crimes committed in attached Table (1).

Summary of Evidence

1. Each legal statement of Defendant B and C

1. Each legal statement of the witness R, S, T and U;

1. Statement of witness V in the second protocol of the trial;

1. Statement made by the prosecution against W, X, and Y;

1. Each police statement of the Z, AA, AB, AC, AD, AE, P, AF, AG, AH, AI, AJ, and AK;

1. Investigation report (the results of investigation by a witness AL telephone conversations, a witness AM telephone conversation, a witnessN telephone conversation, a witness AA survey report, and the details of such person AO telephone conversations);

1. Police investigation report (verification of the payment account and method of party membership fees for the K Political Party Gyeonggi-do Party);

1. The details of the payment of party membership fees for B, etc. and the election for recommending candidates for the 6th nationwide local elections; and