Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A local council member shall not make contributions to persons in the constituency concerned, agencies, organizations, facilities, or persons having relations with residents in the constituency concerned, or institutions, organizations, or facilities even if they are outside of the Gu.
Despite being a member of the D Council, on November 18, 2015, from around 16:00 to around 17:30, the Defendant made a contribution by taking 30 public officials, such as members of the D Council, members of the D Council, members of the D Council, employees of the D Council, and the head of the D office and division, who are located in the constituency concerned or have been residing with the electoral residents in the constituency concerned, into the bones of 600,000 won in total at the market price without compensation, making fright the Kimchi country, and making them potable by taking advantage of the lab and bridge, and making a contribution by taking part of the lab and bridge.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against the F;
1. Each police statement made to G, H and I;
1. Each reply to H, J, K, L, M, N, P, Q, R, and I;
1. Notification of investigation data, investigation data, and investigation report;
1. Each investigation report and each internal investigation report;
1. Receipts:
1. Application of Acts and subordinate statutes to the results of holding meetings between council members;
1. Article 257 (1) and Article 113 (1) of the Act on the Election of Public Officials in Charge of Crimes and the Election of elective Public Officials;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant's act of donation in this case constitutes a formal act or an act on duty and its illegality is dismissed.
2. Article 113 of the Act on the Election of Public Officials limits all contributions made by local council members, etc., comprehensively provides for the type of contributions subject to punishment under Article 112(1) of the Act, and then, in light of the statutory provisions that limit exceptions under Article 112(2) of the Act, the act of offering money and other valuables under Article 112(1) of the Act and the decision of the Central Election Management Commission and its Committee based on Article 112(2) of the Act.