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(영문) 춘천지방법원 속초지원 2017.12.21 2017고합33
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Local council members shall not make contributions to persons in the constituency concerned, institutions, organizations, or facilities, or persons having relations with residents in the constituency concerned, or institutions, organizations, or facilities even if they are outside the constituency concerned.

[Defendant’s status, etc.] On June 4, 2014, the Defendant is a local council member elected as D member in the district of simultaneous local elections C, nationwide, and E, F, G, and H (hereinafter “four members”) are those who reside in the constituency of Defendant by I members.

On December 28, 2016, the Cultural Heritage Committee rejected the permission to change the current state of cultural heritage in the projects established by J, and four others, including E, had four persons initiate one person demonstration before the Cultural Heritage Administration located in the Seo-gu office building from February 1, 2017 to resist it. The Defendant, as a member of the Do Council, directed towards Daejeon around February 1, 2017 to participate in the first person demonstration.

[2] On February 1, 2017, the Defendant, at L’s restaurant located in Seo-gu Daejeon, Seo-gu, Daejeon around 19:00, had two-lane singings, including the above E, while serving as a public official of the Gun and M’s office. After doing so, the Defendant moved to the “O amusement shop” located in Seo-gu, Daejeon.

From February 22:00 on February 1, 2017, the Defendant provided four persons, including the above E, with four alcohol while drinking alcohol, and paid KRW 3.250,000 among them by his credit card, for the sum of KRW 4.25 million to four persons, including KRW 50,000 in Korea, KRW 50,000 in the amount of KRW 1.2 million in each bottle, KRW 3 million in the amount of KRW 3 million in the Republic of Korea, KRW 50,000 in the Republic of Korea, KRW 300,00 in the Republic of Korea, KRW 50,000 in the Republic of Korea, and KRW 3.25 million in the case of the above E, etc.

Accordingly, the Defendant provided 2.4 million won to the relevant electoral district residents (i.e., total amount of KRW 4.25 million - KRW 850,000 for the portion consumed by the Defendant - KRW 1 million for E, etc.).

Summary of Evidence

1. Partial statement of the defendant;

1. G, H, E, F, P, Q, R.

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