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(영문) 제주지방법원 2014.06.12 2014고합41

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant, as a member of D, was the F's high school line that was elected by going to be a candidate for D in the election district E for the 19th National Assembly member on April 11, 2012.

On August 18, 2013, the Defendant, at “H restaurant” located in G, held an event to commemorate the FF member’s “L” publication of the F member’s “L” book with I, J, and K, and paid 480,000 won of meal expenses, among 100,000 won of the participants in publishing commemorative events, such as I, J, K, M, N, P, P, Q, Q, R, Q, Q, T, U, M, X, X, Z, Z, AB, etc.

Accordingly, the defendant made a contribution to the election of National Assembly members in 2016 for the F member of the National Assembly who want to be a candidate.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement on AC, K, I, M, J,O, N, W,V, and P;

1. Application of Acts and subordinate statutes to the respective answers in M, F, Q and R preparation;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same 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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On June 2013, the Defendant, along with I, J, and K, was holding the instant event in order to build a publication of the National Assembly members and hear the pending issues in the Jeju-do region by holding the instant event at first-round meals for the FF National Assembly members held in Seoul around June 2013. The Defendant was unable to meet the meal costs with the membership fees collected on the day of the instant event while the Defendants were present, and the Defendant, who was the oldest, paid the insufficient meal costs by credit card.

At the time, the election of the 20th National Assembly members that will be held in 2016 remains 2 years and 8 months, and F member of the National Assembly expressed his intention to leave the above election. Therefore, the Defendant’s act of paying part of the meal expenses of the instant event.