beta
(영문) 인천지방법원 2018.12.21 2018고합766

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a local public official of class C with an electricity position of class 8 in Yeonsu-gu Incheon.

On April 28, 2018, a local public official could not engage in an election campaign, the Defendant carried out an election campaign with the following purport: (a) around 15:00 on April 28, 2018: (b) the Defendant: (c) 17 name cards of H of preliminary candidate G candidates related to simultaneous local elections nationwide to F; and (d) the Defendant called “a request for support while distributing name cards to civilians,” and called “a request for support.”

2. No one shall offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with the election campaign, regardless of the pretext thereof, such as allowances, actual expenses, and compensation for volunteers, except for cases where allowances, actual expenses, and other benefits are provided under the Public Official Election Act;

Nevertheless, around 13:00 on May 23, 2018, the Defendant expressed an intention to provide money, valuables, or other benefits in relation to an election campaign, by stating to the effect that, within the vehicle parked in the vicinity of Yeonsu-gu Incheon Metropolitan City I, the Defendant “on the part of the people in the process of performing the election campaign for H, he will pay the activity cost regardless of coffee or cost,” to the above F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F and J;

1. A written accusation;

1. Recording records;

1. Personnel record cards (A);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 230 (1) 4, Article 135 (3) (a point of general purchase) of the Act on the Election of Public Officials concerning facts constituting an offense, Articles 255 (1) 2 and 60 (1) 4 of the Act on the Election of Public Officials, and the choice of fines;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order