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(영문) 광주지방법원순천지원 2020.11.26 2020고합108
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person who intends to become a candidate or candidate in connection with an election, or a person who intends to become a candidate or a political party to which he belongs, shall provide money, goods, or other proprietary benefits, or make an expression of intent to provide such benefits or

Nevertheless, around 14:00 on March 12, 2020, the Defendant, at the office of C supporters’ association located in Namnam, and against 26 electors, including electorates, at the 21st National Assembly election planned on April 15, 2020, organized the EFGH as a candidate for the I Party National Assembly member in the 21st National Assembly election that was scheduled to be held on April 15, 2020, organized a meeting for the organization of the EFGH as a candidate for the I Party member of the National Assembly, and had 26 persons, such as the above D, file an appeal for support, and provided them with a total amount of KRW 91,400 and tasks.

Accordingly, the defendant made a contribution act for the candidate C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement on J, K, D, L, M, N,O, P, and Q;

1. Each statement of R and S;

1. Each written confirmation, V, W, X-type telephone confirmation;

1. Domestic investigation reports (Attachment of a receipt for purchase of Category C), internal investigation reports (the record of recording of the suspect C), internal investigation reports (the main contents of recording of the suspect C), investigation reports (the telephone conversations of the witness AA), investigation reports (the phone conversations of the witness AB), investigation reports (the phone conversations of the witness AB), investigation reports (the phone conversation of the witness AC), investigation reports (the phone conversation of the witness AD), investigation reports (the phone conversation of the witness AE), investigation reports (the phone conversation of the witness AE), investigation reports (the phone conversation of the witness AF), investigation reports (the phone conversation of the witness AG), and investigation reports (the phone conversation of the witness AH);

1. Application of Acts and subordinate statutes of two copies of receipts, C preliminary candidates' list of persons present at the ceremony of the prizes of preliminary candidates (27 persons) and recording records;

1. Article 257 (1) 1 and Article 115 (General Provisions and Selection of Fines) of the Act on the Election of Public Officials and Articles 257 (1) 1 and 115 (Selection of Fines);

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

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant, who is the gist of his claim, holds a supporters' association.

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