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(영문) 광주지방법원 장흥지원 2018.06.19 2018고합3
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant was elected as a member of D in the sixth simultaneous local elections all over the country, and is currently in office as a member of local council.

Local council members shall not make contributions to persons in the constituency concerned, institutions, organizations, or facilities, or persons having relations with residents in the constituency concerned, or institutions, organizations, or facilities even if they are outside the constituency concerned.

Nevertheless, the Defendant plans to attend a meal group of the E Village Lee Dong, a electoral citizen, to jointly meals and calculate the amount of meal costs, and to calculate the amount of meal costs. From a restaurant in the trade name of "G" located in south F before September 20, 2017, about KRW 200,88 (=payment 226,000 won and the Defendant and the defense counsel asserted that the settlement amount is KRW 195,000 at the time of the instant crime. However, in full view of the witness J’s legal statement and the above restaurant CCTV, the Defendant’s payment of KRW 195,00 out of KRW 226,00 and the remainder of KRW 31,00 is recognized in cash, the above assertion is without merit.

x 8 (excluding the defendant) / 9) A reasonable amount of food and alcoholic beverages were provided.

Accordingly, the defendant made a contribution to 8 persons such as I, etc. in the constituency concerned.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Some of the witness K’s legal statement;

1. Application of the Act and subordinate statutes, such as a credit card sales slip and CD (Evidence List 19);

1. Article 257 (1) 1 and Article 113 (1) of the Act on the Election of Public Officials and the Selection of Fines concerning facts constituting an offense, and Articles 257 (1) 1 and 113 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The purport of the assertion is that the act of donation in this case is a formal act, and its illegality is excluded as it does not go against the social norms.

2. Determination

A. The act of offering money, goods, etc. falling under Article 112(1) of the Election of Public Officials Act is based on Article 112(2) of the same Act.

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