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(영문) 대전지방법원 천안지원 2019.05.01 2018고합238
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was in charge of women's welfare and insurance affairs as the deputy head of the C Association, and Defendant B is the chairperson of the D Association.

No one shall make contributions, or have another person make contributions, for a candidate or a person who intends to become a candidate in connection with an election.

Nevertheless, Defendant A offered 20 electorates who attend H University indoor sports center located in G on December 16, 2017 for “F, Ero-party,” which was held on June 13, 2018 at the seventh East City local election, at around 14:00 on December 16, 2017, at the H University indoor sports center of H University, Defendant A offered 20 electorates, who participated in the E-party E-party E-party election commemorative meeting, with 15,000 tourism buses and 20 books of “I” for each ticket (total of 300,000 won).

Then, Defendant A asked Defendant B to contact with 30 electorates attending the publishing commemorative council as above, and Defendant B also responded to this request. The Defendants conspired in collusion with the K cafeteria located in J around 16:00 on the same day, the Defendants provided 30 electorates attending the publishing commemorative council with food and drinks worth KRW 352,00 in total.

As a result, the Defendants made a contribution act for E-candidate F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness L, M and N;

1. Each prosecutor's office and police statement concerning N;

1. Each written answer to the Defendants,O, N, L, P, and Q

1. Determination as to the defendants and defense counsel's assertion

1. At the time of December 16, 2017, the Defendants did not know that they were to be E candidates, and did not know that they were to be E candidates, and did not mention F or election at the publishing commemoration meeting, tourism bus, restaurant, etc., and the Defendants did not have any mentioning the F or election in the publishing commemoration meeting, tourist bus, restaurant, etc., with respect to E election, and therefore, the Defendants did not intend to promote the sense of the F in relation to E election, or to have an influence on the election, and therefore, the Defendants did not have any intention to do so for F.

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