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(영문) 대구지방법원 2012.10.19 2012고합742
공직선거법위반
Text

Defendant

A Imprisonment for six months, each of the defendants B, C, D, E, F, and G shall be punished by a fine of 1,500,000 won.

Defendant

B, C, D, E,.

Reasons

Punishment of the crime

Except for cases where allowances, actual expenses, and other benefits are provided under the Public Official Election Act, no person may offer or express an intention to offer money, goods, or other benefits in connection with the election campaign, or promise, direction, solicitation, mediation, demand or receive the offer thereof, in connection with the election of the 19th National Assembly members implemented April 11, 2012, regardless of the pretext such as allowances, actual expenses, compensation for volunteer service, etc.;

1. On April 10, 2012, around 19:00 to 20:0:00, Defendant A parked a number-free car in front of Daegu-gu K, Daegu-gu, and provided seven female election campaignmen, including M, B, C, D, E, F, G, etc., with seven female election campaigners for a candidate boarding the vehicle together, with each of the 420,000,940,000 won (6 days x 70,000 won per day x 7) as allowances for volunteer service from April 5, 2012 to October 10 of the same month, in relation to election campaign;

2. Defendants B, C, D, E, F, and G were provided with KRW 420,00 each as allowances for volunteer service from April 5, 2012 to October 10 of the same month, at the date and place specified in paragraph 1(1) above, belonging to one female election campaign worker for L candidates from the above A, and received KRW 420,000 in relation to the election campaign.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness A and M;

1. Third prosecutorial suspect interrogation protocol against Defendant A;

1. Copies of the suspect examination protocol of the N by the prosecution;

1. Each prosecutor's statement concerning M;

1. Each investigation report by the prosecution (report on the results of analysis of each mobile phone of the defendant A, the defendant C, G, E, A, and F, and on-site verification, such as K, etc.);

1. Application of Acts and subordinate statutes on the list of volunteer service teams;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) A: Article 230 (1) 4 and Article 135 (3) of the Public Official Election Act (or each choice of imprisonment);

(b) Defendant B, C, D, E, F, and G: Each of Article 230(1)6 and 4 of the Public Official Election Act and Article 135(3) of the Public Official Election Act (each of them shall be punished by a fine);

1. The defendant A who has aggravated concurrent crimes:

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