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(영문) 대구지방법원 상주지원 2016.06.09 2016고합22
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Presumption Facts] From 2006 to 2010, the Defendant was serving as a member of the North Provincial Council of the 8th Special Self-Governing Province (F City G constituency), and was in charge of H first group leader and the representative director in 201. At the time of the election of the 19th National Assembly member in 2012, the Defendant was working as an unregistered election campaign agent for I member, and was working as an election campaign agent for I member in the 20th National Assembly member election implemented on April 13, 2016.

[Criminal facts] Except as provided by the Election of Public Officials Act, no person may offer money, valuables, or other benefits in connection with an election campaign regardless of the pretext, such as allowances, actual expenses, and compensation for volunteers.

Nevertheless, on September 18, 2015, the Defendant provided KRW 35 million in cash in relation to the election campaign of 17 members of the K Political Party, as shown in the list of crimes in attached Form 17, to the Chairperson of the K Party Members of the K Political Party, to the effect that “a request to support and publicize I members” was made by the Defendant’s passenger car operation chief in the Defendant’s passenger car operation zone, and provided KRW 100,000 in cash to the Chairperson of the K Party members of the K Political Party, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A copy of each police interrogation report on N,O, P, Q, R, M, M, M, U,V, X,Y, Z, AA, AB, AC, AD, AE, AF, AG, and H;

1. Each police statement made to AI;

1. AD, AF, AG, AJ, AJ, K, AL, AM,N, AO, or AP;

1. Police seizure records;

1. Each internal investigation report (No. 2 through 4, 6, 7, 10 through 13) and investigation report (No. 17, 23, 34, 63, 87, 90, 115, 125, 132, 138, 139, 146 through 149, 151 through 153, 156 through 160, 162, 164, 1666), the application of the Acts and subordinate statutes governing communications response data;

1. Article 230 (1) 4 and Article 135 (3) of the Act on the Election of Public Officials for the Punishment of Crimes and the Selection of Punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (the best of the crimes)

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