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(영문) 광주지방법원 2012.11.28 2012고합1002
공직선거법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is C’s head, who was the 19th National Assembly member elected on April 11, 2012 as the head of the cooperative, and was supported by the candidate D in the local constituency for the 19th National Assembly member.

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

Nevertheless, at around 12:00 on January 22, 2012, the Defendant provided meals equivalent to KRW 307,000, to 20 persons, including the members of the Y, the C, the C, the C, the C, the M, N, the electorate, P, etc., who are members of the Y, the C, the C, the C, the C, the elector, and the E, the members of the Y, while attending the D candidates. The Defendant provided meals equivalent to KRW 307,00.

Accordingly, the defendant made contributions to the election for the candidate.

2. Determination

A. The defendant and his defense counsel did not have made the same statement as the facts charged, and the defendant asserted that D and their behaviors do not merely appear as a contribution act on the job prepared for the defendant's employees and meals.

B. In the relevant legal principles, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). Article 115 of the Public Official Election Act provides that no one shall make, or have another make, a contribution to an election for a candidate (including a person intending to become a candidate) or a political party (including a preparatory committee for the formation of a new political party) to which he/she belongs.

In such cases, contributions shall be made by disclosing the name of a candidate or a political party to which he/she belongs.

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