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(영문) 광주지방법원 2006.10.18.선고 2006고합295 판결

공직선거법위반

Cases

206Gohap295 Violation of the Public Official Election Act

Defendant

○○ Kim, Department of Notes

Gwangju Northern Northern-gu 2amb 3 dong

Prosecutor

Kim Yoon-Jon

Defense Counsel

Public-service Advocates (National Ship)

Imposition of Judgment

October 18, 2006

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

To confiscate ten copies (No. 2) of a 10,000 won bill issued by the Bank of Korea confiscated from the accused.

Reasons

Criminal History Office

On May 31, 2006, the Defendant: (a) was the spouse of 00 ○○○, a candidate who was born as a candidate for the National Assembly member based on the Seoul Northern-gu Seoul Northern-gu, and (b) the spouse of the candidate was not allowed to make a contribution on behalf of the candidate in connection with the election; (c) on May 14, 2006, the Defendant was the denial of ○○○○○○○ candidate who was sent to Lee Jong-dong at the agricultural community office located in the Gwangju Northern-dong, Seoul Northern-dong, and was the denial of ○○○○○ candidate who was sent to Lee Jong-dong at the agricultural community office located in the Seoul Northern-dong, and the husband was able to vote for this election; (d) whether the husband was a candidate who is not the husband, and (e) whether he was a candidate to whom the husband belongs, and (e) whether he was a member of ○○○○, and (e) whether he was a member of the 200 son and gave a contribution of cash amount of 100 million.

Summary of Evidence

1. The defendant's statement in court (the second trial date);

1. Recording of a record of a different species of paper;

1. Entry in a written accusation;

1. Existing ten copies (No. 2) of 10,000 won per day on the issuance of the Bank of Korea confiscated;

Application of Statutes

1. Article applicable to criminal facts;

Article 257(1)1 and Article 113(1) of the Public Official Election Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Code.

Judges

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus