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(영문) 대구지방법원 2018.10.19 2018고합394
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 80,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a ballot-counting witness at the Daegu F ballot-counting place as the head of the election affairs office of the party election campaign office for D political party E prepared for the 7th simultaneous local elections all over the country conducted on June 3, 2018, and Defendant B is a person in charge of H’s accounting who was elected by going to the election district for a National Assembly member G constituency in the above election.

1. When Defendant A ballot-counting witness enters a ballot-counting place, he/she shall wear or attach a mark as prescribed by the rules of the Central Election Management Commission, and shall not transfer or concede the mark to another person;

Nevertheless, around 21:00 on June 13, 2018, the Defendant lent to B the ballot-counting witness mark on which the Defendant’s name is posted, in order to verify the ballot-counting proceeding related to the above H, to the above-mentioned B, the Daegu FF ballot-counting place located in Daegu City I.

Accordingly, the Defendant posted the ballot-counting witness sign to B.

2. No one shall enter the ballot-counting place, except for the members and employees of the committee for the election management of the Gu/Si/Gun and its superior election commission, the ballot-counting clerical staff, the ballot-counting cooperation staff, and the ballot-counting witness;

Nevertheless, the defendant lent the ballot-counting witness mark to the above A and entered the above ballot-counting place in order to check the ballot-counting procedure related to the above H at the date, time and place mentioned in paragraph 1.

Accordingly, the defendant entered the ballot-counting place even though he is not a ballot-counting witness.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes concerning internal investigation reports (related to the contents of such images);

1. Article 256(3)2 (h) of the Act on the Election of Public Officials and Article 183(2) (Selection of Penalty) Defendant B: Article 256(3)2 (h) and Article 183(1) (Selection of Penalty) of the Act on the Election of Public Officials; Article 256(3)2 (h) and Article 183(1) of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The order of provisional payment:

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