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(영문) 광주지방법원 목포지원 2014.12.18 2014고합172
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2010, the Defendant won in the 5th nationwide provincial election, and served as C Council member from July 1, 2010. On June 4, 2014, the Defendant won in the 6th national provincial election, which was implemented on June 2, 2010, and was once again elected as C Council member and is currently serving as C Council member.

A member of the National Assembly, member of local council, head of local government, head of political party and his spouse shall not make contributions to persons in the constituency concerned, or institutions, organizations and facilities, or persons having relations with the electorate even if they are outside the constituency concerned, or institutions

Nevertheless, around April 3, 2014, the Defendant provided F, a electorate, with cash 1,000,000 won at the front of the cafeteria “E” parking lot located in Jeonnam-nam, to the effect that “the kills,” the Defendant, at the front of the cafeteria “E” parking lot, provided as a contribution act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Application of Acts and subordinate statutes governing questions, answers (F), copies of each passbook, recording records, recording records, and certificates of employment;

1. Article 257 (1) 1 and Article 113 of the Public Official Election Act and Articles 257 (1) 1 and 113 of the Public Official Election Act concerning criminal facts;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The summary of the Defendant’s assertion was that the Defendant F was working for the brokerage of the salt retail site site by G Cooperatives in mind at around the winter of 2012.

However, the defendant introduced the other site to the above union, and the above union purchased the site introduced by the defendant.

Therefore, F has the appraisal of the defendant and has the examination room for the defendant.

Accordingly, the defendant provided F with the money as stated in its decision in order to compensate the F for the amount of reconciliation and the above brokerage commission upon the recommendation of other alumnis.

Therefore, the defendant's act of giving money is prohibited by the Public Official Election Act.

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