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(영문) 창원지방법원 마산지원 2016.08.10 2016고합52
공직선거법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except for the cases where allowances, actual expenses, and other benefits are provided under the Election of Public Officials Act, no person, regardless of the pretext such as allowances, actual expenses, other compensation for volunteers, shall offer, express an intention to offer money, goods, or other benefits, or instruct, recommend, request or receive any promise to offer them.

Nevertheless, the Defendant, as the head of the election campaign office of the 20th National Assembly candidate D who was scheduled to enter into force on April 13, 2016, provided 1,480,000 won in total (70,000 won per day and 80,000 won per person) at the election campaign office of the preliminary candidate D located on the 10th floor of E building on February 11, 2016, and provided 250,000 won per person by having them collect telephone numbers on a vehicle parked in the constituency, etc., and provided 5,000 won per person for election campaign. In addition, the Defendant provided 1,480,000 won per day and 2,50,000 won per person (1,50,000 won per day and 1,000 won per day) to them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement concerning F, G, H, and I;

1. Accusations, accusationss, copies of investigation records, and documents on respective measures (Notice of the violation of the Political Funds Act, warnings against the violation of the Election of Public Officials Act, and demands for observance of political-related Acts);

1. One copy of the investigation report (referring to the role in the election office of the person against whom the warrant was issued), investigation report (report on the execution of a warrant of search and seizure), investigation report (verification of the list of the members of the election campaign organization in the preliminary candidate election campaign organization, etc.), investigation report (Attachment of the list of the members of the election campaign organization, etc.), one copy of the contents of transmission of the Kakakao Stockholm Stockholm, investigation report (Attachment of the printed data of important files out of the results of analysis of the Karene type), one copy of the printed data of important files from among the results of analysis of the Pool type, one copy of the printed data, investigation report (Attachment of the F Submission page in the North Korean page), investigation report (the election campaign information file of the election campaign office extracted from

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