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(영문) 수원지방법원 안산지원 2016.10.07 2016고합252
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who supports D Party E that was elected by entering the 20th election for National Assembly members in the C constituency area, and submitted a report of advance voting by D Party E to the election commission at the National Assembly on April 5, 2016, and was working as a preliminary voting witness.

No person shall provide any motor vehicle or horse to an elector for the purpose of making another person cast a vote or making another person elected.

Around 15:00 on April 8, 2016, the advance polling date, the Defendant moved around 373 meters to the “F community service center” located in Silst City, Silst City, G, for the first day of the 15:00 day of the advance polling day. The Defendant, the Defendant owned 1 SM5 car, to the Defendant, 5 senior citizens belonging to the above elderly group, and went to the country at the Defendant’s request, and later, 373 meters to the “F community service center” located in Silst City, Silst City, which is a nearby advance polling place.

As a result, the defendant provided eight elderly persons with vehicles and horses to the elector for the purpose of enabling them to vote and getting E to be elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to M and J;

1. Investigation report (the distance measurement between the F community center-F community service centers), investigation report (including attachment, etc. of a report on advance voting witness), CCTV analysis around a suspect's residence), investigation report (ctv verification, etc. of the G senior citizens' meeting at the location), investigation report (verification of whether the election office is or not, and the person who reports advance voting witness);

1. Details of the official announcement of the Nsan Association and data on comments made thereon;

1. Application of the Acts and subordinate statutes governing CCTV images CDs around H senior citizens' households;

1. Relevant provisions concerning criminal facts and Article 230 (1) 1 of the Public Official Election Act (Selection of Fines);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument lies in the fact that the Defendant, as stated in the facts charged, brought electors to the advance polling place for automobiles, but E.

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