beta
(영문) 광주지방법원 2019.03.22 2018고합524

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the spouse of D who is a member B (C constituency) in the 7th local election.

A candidate and his spouse shall not make a contribution to a person, institution, organization, or facility in the constituency concerned, or a person, institution, organization, or facility having relations with the electorate even if such person is outside the constituency concerned.

Nevertheless, at around 13:30 on June 6, 2018, the Defendant engaged in an election campaign, such as: (a) wearing D’s election campaign uniform, dividing D’s name cards against customers, and asserting support; and (b) discovered H and H’s I, J, and H’s son, an elector, who was a meal in the room, and expressed H the intent to pay food expenses in lieu of food expenses by stating that “I, J, and H’s match is to be calculated instead of food expenses; and (c) subsequently, the Defendant provided H, I, J, and K with the same amount of meal expenses at around 14:22 on the same day by having H, J, and K leave the restaurant without paying KRW 72,00.

The facts charged in the instant case are deemed to have provided food, “money,” free of charge, but it is determined that “property profit” was provided free of charge as seen later, and this is deemed to have different legal evaluation, and there is no possibility of causing substantial disadvantage to the defendant’s right of defense. Thus, the facts charged was corrected ex officio without any changes in indictment.

Accordingly, the defendant made a contribution to H, I, J, and K in the constituency.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement made to F and H;

1. A report, such as a spouse, a report on the establishment of an election campaign office, and a report on internal affairs (whether the family affairs of H are electorates);

1. A receipt for payment of meal expenses by the informant;

1. A photograph of CCTV image data to be cut;