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(영문) 대전지방법원 논산지원 2013.07.26 2013고합24
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is the chairperson of the management council of party members of the Silsan-gun of Silsan-si.

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

Nevertheless, around 12:00 on September 1, 2012, the Defendant provided 40 to 50 to 50 to 46,00 to 50 or 50 people, including Ha, who participated in the G Sea Reclamation Site and village hall visit event (hereinafter “instant event”) at the 18th presidential election C, the Defendant made a contribution act (hereinafter “contribution act”) for the preliminary candidate F or C of the 18th presidential candidate for the 18th presidential election at the 18th presidential election.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Partial statement of the witness L;

1. Each prosecutor's statement of M, H and N;

1. Written answers toO, P, Q, R, I, S, T, U,V, W, X, andY;

1. Details of the request for investigation and the visit investigation;

1. A copy of each passbook, a written statement of goods purchased, a receipt, a copy of each receipt, and a written inquiry of details of transactions;

1. Entry of each photograph and application of the video Acts and subordinate statutes;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that the food expenses to be paid by the Chungcheongnam-do party are only paid preferentially;

A. The Defendant, as the chairman of the party members management council, paid food expenses to support the instant event held by the Chungcheongnam-do Party (hereinafter “ Chungcheongnam-do Party”) as the chairman of the party members council, first of all, paid food expenses to be borne by the Chungcheongnam-do Party, and then settled food expenses from the Chungcheongnam-do Party. The Defendant himself.

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