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(영문) 창원지방법원 진주지원 2013.09.16 2013고합32

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a member of the South Maritime Council who was elected by going through a special election for the South Navy of the basic council member implemented on April 11, 2012.

A local council member shall not make contributions to a person in the constituency.

On October 21, 2012, at around 11:00, the Defendant: (a) found C with the money bags prepared in advance by inserting 50,000 won into his handbag at the event site of the “No. 27 creative sports competition for the people of the Chang-gu and the chemical axis,” which was held in the Chang-dog Marine Sports Park at the Chang-dog-si, South-west Sea. In response to the finding of C, the Defendant: (b) laid down C with the money bags “on the basis of preparing for the money bags; (c) coming to the growth of female members; (d) sent them to the village with the recovered goods; and (d) laid down handbag containing the money bags to C.

C with the Handbag and with the Handbag, 2.50,00 won in total by delivering each of the bags containing five pages of 10,000 won bags of bags to the electorates, F (G), H (I), J (K), and L (M).

Accordingly, the defendant made a contribution through C.

Summary of Evidence

1. Each legal statement of witness F and N;

1. Each prosecutor's interrogation protocol concerning C;

1. Statement of the police officer concerning theO;

1. A written answer to D;

1. Each written confirmation of P, Q and R;

1. A copy of the pocketbook;

1. Each report on investigation;

1. Application of each existing statute in one (No. 2) and five (No. 3) paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant did not have made a contribution act through C as in the facts charged.

B. 1.3 million won withdrawn on October 21, 2012 by the Defendant.