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(영문) 서울중앙지방법원 2017.12.08 2017고합1104
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head vice-chairperson of a local committee for a party E-election district and the head of a political party election campaign office.

No one shall offer money, valuables, entertainment or other property benefits to any elector for any competition, with the intention of enabling or preventing any elector from voting for any competition in connection with any intra-party competition.

Nevertheless, in relation to the 19th presidential election, the Defendant recognized facts different from the facts charged by the court without following changes in the indictment in order to allow local residents to participate in the competition for the election of candidates for the D party presidential election (hereinafter referred to as "elections in the party election") to the extent that there is no concern that substantial disadvantages may be inflicted on the Defendant's exercise of his/her right of defense.

Even if there is no violation of the principle of disadvantage and disadvantage (see, e.g., Supreme Court Decision 2006Do1667, Jun. 15, 2006), it is difficult to view that the defendant committed the crime of this case in a planned manner as stated in the facts charged in relation to the motive or circumstance of the crime of this case, and since there is no possibility that the defendant's assertion of this point may disadvantage the defendant's exercise of his right to defense, the crime of this case without

On April 2, 2017, from around 09:40 to 16:58 of the same day, “F Real Estate brokerage office” located in Seoul, and from the day to the day of the same day, 17 persons, such as I, were able to see to K in Seoul J, which is a place where the border voting of the D party is held, as shown in the list of crimes attached hereto, while operating the said F Real Estate brokerage office in Seoul, and the said F-owned No. Ba car (H) at that time eight times, and 17 persons, such as I, were born to K in the vicinity of their respective dwellings.

Accordingly, the Defendant provided 51,00 won in total (e.g., taxi fee, 3,000 won per person) to 17 electors, such as the above I, who participated in the competition voting.

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