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(영문) 광주지방법원 2006.5.10.선고 2006고합58 판결
공직선거법위반
Cases

206Gohap58 Violation of the Public Official Election Act

Defendant

1.0(60-2), commerce

Gwangju Residence

Permanent domicile Gwangju

2. Council members of stuffs (49-1) and of the Metropolitan City Council members of the Gwangju Metropolitan City;

Gwangju Residence

Permanent domicile Gwangju

Prosecutor

More paths

Defense Counsel

Attorney Choi Han-hee (Presiding over Defendant Park O)

Imposition of Judgment

May 10, 2006

Text

Defendant OO shall be punished by a fine of KRW 1,00,000 and by a fine of KRW 800,000,000, respectively. In the event that the Defendants did not pay each of the above fines, the Defendants shall be confined in the workhouse for a period calculated by converting KRW 50,000 into one day.

Reasons

Criminal facts

Defendant 100 is the president of the Saemaul Women's Association in Gwangju-gu, Gwangju-gu, and the head of the Gu in Gwangju-dong, and the head of the Gu in Gwangju-dong, and the head of the Gu in Gwangju-dong, and the head of the Gu in Gwangju-dong, which was held on May 31, 2006 as the representative director of the (O)OO and the member of Gwangju Metropolitan Council, and the head of the Gu in Gwangju-dong, which was held on May 31, 2006

On August 9, 2005 between 00:0 and 13:00, in the process of conducting an election campaign by dividing the parliamentary report, etc. into eight female members, Kim00, etc. of the apartment district in Gwangju Seo-gu, the above defendant provided 165,000 won for 165,000 won to Y0, and 165,000 won for those who wish to become a candidate by calculating the price of meals. 2. Defendant 2. Defendant 1 provided 8 persons, such as Gamboo-dong apartment in Gwangju, at the above time and at the above place, such as 00, Gamboo-dong, b00, GambO and MaO, who are scheduled to be candidates, to run an election campaign, such as disinfection, and the head of Seo-gu, who will run an election campaign in the future. However, a person who will run an election campaign in the way of 00,000 won prior to his election campaign."

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Each legal statement of the witness Professor and YangO;

1. Statement made by the police officer of suspect interrogation protocol on stuffs;

1. Each statement written by the police officer's statement of KimO, MaO, MaO, MaO, Ma00, MaO, MaO, Na00, and MaoO;

1. Each letter of answer to Park 00 (1, 20), 00, 100, 200, 200, 200, 30, 200, 20, 100, 100, 100, 200, 1. Each letter of answer to the violation of the Public Official Election Act;

1. Call reports such as witnesses, etc., confirmation and report on an election campaign period, attachment report of judgment, and list of persons related to meal meetings; and

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant OO: Articles 257(1)1 and 115 of the Public Official Election Act, and Article 30 of the Criminal Act;

(b) Defendant GamO: Article 254(2) and (3) of the Public Official Election Act (Selection of Fines);

1. Detention in a workhouse;

It is so decided as per Disposition for the reasons of Articles 70 and 69(2) of the Criminal Code.

Judges

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus

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