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(영문) 광주지방법원 2012.11.07 2012고합961
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a cafeteria B cafeteria in Jeonnam-gun.

Where it is deemed that there is a suspicion of election crimes, the personnel of the election commission may enter the relevant place to ask questions to the persons concerned or investigate them, or request the submission of related documents and other materials necessary for investigation, and no person shall comply with the questioning and investigation, and refuse to submit the materials or submit false materials.

On the other hand, in the 19th election of National Assembly members, which was implemented on April 11, 2012, Jeonnam-do Election Commission and the Gisung-Gun Election Commission conducted a survey on the fact that D's election campaign members provided food in the above restaurant.

At around 13:10 on April 10, 2012, the Defendant: (a) requested the submission of the business account books from E, an employee of the election commission, Jeonnam-do election commission, after investigating the above facts; and (b) deducted the above business account books from the defect to be taken; and (c) Chewing the part of the account books on April 7, 2012.

Accordingly, the defendant did not comply with the submission of data by the election commission staff.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to sound recording records (E), investigation reports (Attachment of B-book photographs), investigation reports (defensing and restoring damaged business books);

1. Article 256 (4) 12 and Article 272-2 (3) of the Public Official Election Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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