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Reasons
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(영문) 창원지방법원 밀양지원 2019.01.25 2018고합47
공직선거법위반
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Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2018, the defendant was selected as the candidate for the Cparty in the B-Si/Gun election in the 7th election in the east-si local election in the 2018. D's spouse, E's seat in the defendant's seat, and F's seat in the fourth degree of punishment.

A candidate or a candidate, and his spouse, shall not make a contribution act to a person in the constituency concerned, or an institution, organization, or facilities, or a person having relations with the electorate even if they are outside the constituency concerned, or an institution, organization, or facilities.

Nevertheless, the Defendant and D, E, and F visited the village hall, senior citizen center, etc. located in Gyeongnam-gun, requesting support from the Defendant, and recruited to distribute calendars in 2018, stating the “Attorney and Certified Tax Accountants A’s office”. Accordingly, the Defendant and E visited the “H Seniors Party” located in Gyeongnam-nam from November 2017 to January 2018, and distributed one copy of calendar calendars to the electorate at the same time. D and F visited the “J Seniors Party” located in Gyeongnam-nam-gun, and distributed one copy of calendar calendars to the electorate at the same time.

In addition, the Defendant, in collusion with D, E, and F, distributed a total of 159 copies of monthly calendars to electorates, such as the list of crimes from November 2017 to January 2018, and made a contribution by distributing a total of 159 copies of monthly calendars (total amount of 516,750 won) to electorates.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against F, E, or D;

1. Each police protocol on the K, L, M, M,O, P, Q, R, M, U, V, X, Y, Z, AB, AC, AD, AE, AF, AH, AI, AJ, AJ, AK, AL, AM,N, AP, AP, AP, AP, AS, ATS, ATS, AU, AV, AW, and AX;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs posted on calendar;

1. Relevant Articles 257 (1) 1 and 113 (1) of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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