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(영문) 대전지방법원홍성지원 2020.10.15 2020고합37
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The Defendant is a member of the political party B.

No one shall provide any motor vehicle or horse to any elector or any other political party or candidate, the election campaign manager, the chief of the election campaign liaison office, the election campaign worker, the accountant in charge, the election campaign speechmaker, or witness, captain, or a participant, with the intention of causing him/her to cast a vote or making another person elected or not to cast a vote.

Nevertheless, on April 11, 2020, the advance polling date of the election of the National Assembly member of the 21st National Assembly, the Defendant stated in D’s house located in Boli-si, Boli-si, Boli-si, C, that “A waiting for a polling station to be assigned to the polling station.” However, according to the evidence duly adopted and investigated by this court, D is recognized to have called “D calls first to the Defendant and calls to the polling station to be assigned to the polling station.” Thus, the Defendant’s criminal facts are corrected by striking the part of “a contact from the Defendant to the polling station to be assigned to the polling station.”

This is favorable to the defendant and does not infringe the defendant's right of defense.

D, E, F, G, and H will move to the front of the K Middle School Sports Center, which is a polling station located in the J of Boli-si, the defendant's driving of the I P, Ha, and will go to the front of the K Middle School Sports Center. On the same day, D, G, and H, the voting of which was completed at around 11:26 of the same day, was going to the front of the M large-scale path located in the vicinity of their dwelling.

As a result, the Defendant provided 5 vehicles and horses to the voters such as D, etc. for the purpose of having them cast a vote.

Summary of Evidence

1. The defendant's statement that "any motor vehicle or horse has been provided to five persons, such as D, etc., as recorded in a crime, is in the court;

1. Each police statement made to E, F, and D;

1. Application of Acts and subordinate statutes to report internal investigation (on-site investigation and ct v perusal), internal investigation report (related to CtV verification), internal investigation report (related to G telephone conversations) and internal investigation report (related witness H telephone conversations);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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