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(영문) 수원지방법원 평택지원 2017.06.09 2016고합167

공직선거법위반

Text

Defendant

A shall be punished by a fine of 700,000 won, and by a fine of 300,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A was elected on June 4, 2014 by going to the election district of a Si Council member E in the 6th simultaneous local election campaign conducted on June 4, 2014, and is currently in office as a member of the E City Council.

Local council members shall not make contributions to persons in the constituency concerned, institutions, organizations, or facilities, or persons having relations with residents in the constituency concerned, or institutions, organizations, or facilities even if they are outside the constituency concerned.

On February 2, 2016, the Defendant was asked by the second-year-old farmer B, a local second-year-old farmer residing in G, to agree with the goods to be used in helping the needy neighbors. At that time, the Defendant was asked by the J, an area after the region of I residing in G, to agree with the goods to be used in helping the needy neighbors in the long-term jury game of the Ethicalton Association.

On March 3, 2016, the Defendant sought L in K’s M’s office operated by K, and demanded L to agree with goods to be used to assist adjoining neighbors, and L purchased 50 kg E rice from N’s office in total amount of KRW 1,150,000 in the market price on the following day.

On March 4, 2016, the Defendant: (a) around 11:00, around 11:00, 5 boms of rice were used by the Defendant; (b) divided into two parts; (c) delivered 50 boms of rice of the aboveO; and (d) on March 8, 2016, around 21:30, the Defendant sent the above 5 bom to J at the front parking lot.

As a result, the Defendant donated 45 boms of rice equivalent to the total market value of KRW 1,035,00 to B located in the constituency in question, and 5 boms of rice equivalent to the total market value of KRW 115,000 to J with a civilian in the constituency in question.

2. Defendant B shall not receive any contribution from a person whose contribution is restricted with respect to election, and A is a person whose contribution to the Defendant is restricted as described in paragraph 1.

Nevertheless, the defendant demanded the cooperation of goods under the pretext of using them in helping the neighbors, as above, and around March 4, 2016, around 11:00, the market price of the goods from A is 1,035.