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(영문) 의정부지방법원 고양지원 2012.11.09 2012고합321
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a member of the Goyang-si City Council, and Defendant B is a person who works as an election campaign manager when Defendant A goes out of the election of Si Council members.

The Defendants conspired to provide transportation convenience to the electors of the 19th presidential election in order to support the F in the E competitive election by the preliminary candidate.

Accordingly, around March 14, 2012, Defendant A and his wife had a competition elector enter or near the office of Defendant A located in Goyang-gu, Goyangyang-gu, Suyang-gu, and the competition elector, J, K, K, L, M, N,O, P, and Q, to the vicinity of the above office; Defendant B, from around 09:00 of that day to around 16:00 of that day, had the aforementioned voting place installed in the Dongyang-gu, Seoyang-gu, Seoyang-gu, J, K, L, L, M, N, P, P, and Q, and the above voting place installed in the above Ro-gu office. At around 11:30 of that day, Defendant B and the above Dao-si voting place was established in the above Doo-gu office.

As a result, the Defendants conspired to provide property benefits for the purpose of making the electors cast a vote.

Summary of Evidence

1. Defendants’ partial statement

1. The legal statement of the witness K, the witness J, and each part of the legal statement of L;

1. Each police statement concerning U, V, I, J, G, L, M, and N;

1. Determination on the assertion of Defendant A and his/her defense counsel regarding the telephone details (e.g., delivery and reverses) and each investigation report (teleline investigation)

1. There is no fact that Defendant A conspiredd to provide transportation convenience to Defendant B and competition electors, and there is no fact that Defendant A provided transportation convenience to competition electors as Defendant A’s office.

2. According to the evidence duly adopted and examined by this court, Defendant B served as Defendant A’s election campaign manager at the election of the basic council members around 2010, and up to now Defendant A’s.

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