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(영문) 인천지방법원 2015.01.16 2014고합583
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[2014Gohap583] The Defendant is a member of the Incheon E-Council of Incheon, and from July 6, 2012 to June 30, 2014, the Defendant was elected and worked as the chairman of the above Council, and was registered as a candidate for the head of Incheon E-government around February 21, 2014, but was registered as a candidate for the head of the F Party E-political Party of the 6th nationwide local election, but did not go out from the competition line for the election of candidates.

A local council member or a candidate who intends to become a local council member shall not make contributions to a person in the relevant constituency, institution, organization, or facility, or a person having relations with the electorate even if such person is outside the relevant constituency, or an institution, organization, or facility.

Nevertheless, around August 18, 2012, the Defendant provided 116,500 won drinking water and ice cream to the E-gu E-gu patrol group located in the E-gu E-gu Office for the Prevention of School Violence in Incheon, through H with performance expenses, to the E-gu Office for the Prevention of School Violence.

In addition, the Defendant provided goods, etc. equivalent to KRW 3,069,776 to a person or organization in the constituency or having relations with electorates over 17 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and H;

1. Written certifications issued by each police officer of the J,K, L, M, N,O, P, Q, R, T, V, X,Y, Z, AA, AB, AC, AE, AE, AF, AH, and AH;

1. Investigation report (a specification of the amount provided per head in the public disclosure);

1. Each disbursement resolution, official document, receipt, and the list of preliminary candidates to the head of the E-Gu;

1. Judgment on the assertion by the defendant and his defense counsel in the accusation

1. The assertion as a formal or official act:

A. The gist of the argument is that the defendant, as set forth in the [Attachment 2, 7, 9, and 16] List of Crimes Nos. 2, 7, 9, and 16, has made a name gift or a graduation gift to the members of the E-Council, but this is an act done by the defendant on a formal or official basis

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