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Reasons
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(영문) 춘천지방법원 원주지원 2012.07.25 2012고합94
공직선거법위반
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Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who was in office as the chairperson of the Gangwon-do Council for Party Members from August 2010 to April 2012.

At around 12:00 on January 26, 2012, the Defendant gathered 25 persons, including E, F, G, and H, I, J, and K, who are preliminary candidates for the 19th National Assembly member election district in the 19th National Assembly member election district, at the D restaurant in the 12:00 Won-si, Gangwon-do, the Defendant provided the above preliminary candidates with food of KRW 233,00,00.

As a result, the defendant made a contribution to the election for the preliminary candidate for C-party and the political party to which he belongs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of witness F, G, or L;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each prosecutor's protocol of statement concerning M and L;

1. Application of receipts, credit card photographs-related 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;

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

3. The date and time, place, etc. mentioned in the judgment on the argument that the Defendant and the defense counsel’s assertion that the act of donation was not a matter of law regarding the determination of the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act (hereinafter “instant meeting”) is a private meeting prepared by the Defendant to declare the non-election of the National Assembly members, and the Defendant merely expressed his gender in a private place. Thus, the Defendant did not make a contribution in relation to the election.

Judgment

It is recognized that the defendant made a statement at the meeting of this case to the effect that he would not go against the candidate for the National Assembly member.

However, Article 115 of the Public Official Election Act.

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