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(영문) 창원지방법원 통영지원 2014.10.23 2014고합79

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

one copy (No. 1) shall be confiscated of any seized one thousand won (No. 1).

The defendant above.

Reasons

Punishment of the crime

The defendant is a party member of C, a neighbor of D(61) who resides in a neighboring village, and has not visited each other for the last three years.

No person may provide money, etc. to any elector for the purpose of having another person cast or not cast a vote, or getting elected or not to be elected, on May 26, 2014, the defendant found D's residence located in Sungsung-gun E around 20:30 on May 26, 2014, and then "F is, a stamp, a stamp, a stamp, a request." At his/her own address, he/she laid down one copy of 50,000 won straw, and laid down to D.

Accordingly, the defendant provided money to D for the purpose of getting F as a candidate for Gosung-gun C, a candidate for Gosung-gun C, and G as a candidate for Gosung-gun C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Records of seizure and the list of seizure;

1. A detailed statement of processing reported cases;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to internal investigation, attachment of photographs, and hearing of statements by a reference witness H telephone);

1. Relevant provisions concerning criminal facts and Article 230 (1) 1 of the Public Official Election Act (Selection of Fines);

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

1. Determination on the assertion of the accused and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. The summary of the argument is that the Defendant: (a) visited D in order to hear the novel that D is off and sicked; and (b) visited D to carry 50,000 won; and (c) rather than election campaign members of the said candidates, the Defendant did not call money to D in relation to election campaign, or did not call money to D in relation to election campaign.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the facts charged of this case is acknowledged that the defendant provided money to D for the purpose of getting the above candidate elected, and the other defendant and the defense counsel's assertion are above.