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(영문) 광주지방법원 2006.11.8.선고 2006고합344 판결
공직선거법위반
Cases

206Gohap344 Violation of the Public Official Election Act

Defendant

1. The construction business of doubleO (the male, the 1954) and the construction business;

Residence Dong-dong Dong-gu, Gwangju Metropolitan City

2. Both terms (the male, 1962), construction business;

Gwangju Northernbuk-gu Donggdong-dong

3. His/her own business in 1958 and its own business;

Residence Dong-gu Seoul Special Metropolitan City Urban Community

Prosecutor

Kim Yoon-Jon

Defense Counsel

Attorney Im Jae-in (for the Defendants)

Imposition of Judgment

November 8, 2006

Text

Defendant ○○ shall be punished by a fine of KRW 800,00, by a fine of KRW 1,500,000, and by a fine of KRW 1,500,000.

If the Defendants did not pay each of the above fines, each of the above fines of KRW 50,000 was converted into one day, the Defendants shall be confined to the Labor House.

The seized 10,000 Won 20 copies of the 10,000 Won laps (No. 1) shall be confiscated from the ○○○○○○○, and 10,000 Won laps (No. 2) from the △○○○, respectively.

Reasons

The criminal facts ○○○○ was carried out on May 31, 2006 as a candidate for the head of the Dong-gu Office of Gwangju metropolitan City on the national election of Dong-si on May 31, 2006, the persons who died, the persons who both of the defendants were the election campaign manager at ○○○○, the volunteer service team at this Dong-gu, and the persons who were the head of this Dong-gu, △△△, should not offer or express an intention to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext, such as allowances, actual expenses, and other compensation for volunteer service. However, even though the person did not promise to offer money, goods, or other benefits in relation to the election campaign, the two ○○○○○ and the main ○○○○, a volunteer at the two ○○○ election campaign office located in the Dong-gu, Gwangju Metropolitan City, around 16:00 on April 29, 2006, providing them with money and other valuables to volunteers, and provide them with the election campaign.

2. On May 26, 2006, in collusion, Defendant Yang-○○ and Lee Dong-ri, in order to offer money and valuables to volunteers in relation to the election campaign by promising that “The head of Dong-ri, who is a volunteer, in the above election campaign office around May 26, 2006, consider how the daily allowances for service for resources to Defendant Yang ○○, and to ask ○○ in order to ask Do-ri, who is a volunteer, “the extent to which he would give to any other person” refers to “the extent to which he would give to this person.” The head of Dong-ri, Do-ri, Seoul, in order to introduce 10 volunteers to the head of Dong-ri, Do-ri

3. Defendant 1, on June 8, 2006, at 000,000 won in collusion with each other and with each other, at 00,000 won in Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, “The two other volunteers are required to make daily allowances by their own call-to- call and live in the same Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and the daily allowances of the other people will be resolved even if they do not have to be resolved.”

In relation to election campaigns, money and valuables were provided to volunteers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect (including the substitute part) against the Defendants is written; 1. Each prosecutor's protocol of interrogation of each prosecutor's office (including the substitute part) against the Defendants;

1. Each written confirmation of Kim○, Kim○, Kim○, and Kim○;

1. Entry into the records of seizure by prosecution;

1. In case of the investigation report (the analysis of the details of currency and the attachment of materials), the investigation report (the copy of the white envelope cover of seized articles); and

1. Relevant provision of the relevant Act on criminal facts and the number of the defendants selected for the punishment: Articles 230 (1) 4, 135 (3) of the Public Official Election Act (the election campaign-related donations, the selection of fines), Articles 230 (1) 4 and 135 (3) of the Public Official Election Act, Article 30 (1) of the Criminal Act, Article 30 (1) of the Criminal Act, Article 30 of the Criminal Act (the point of promising provision of money and valuables related to election campaigns, the selection of fines), and Article 230 (1) 4 and Article 135 (3) of the Public Official Election Act, Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant 0○○ and Lee Dong-won: The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Public Official Election Act due to the provision of money and valuables related to election campaign with heavy awareness of crimes)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

The defendant ○○○ and the two sides: It is decided as per the Disposition on the grounds of Article 48(1)1 of the Criminal Code or more.

Judges

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus

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