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(영문) 대전지방법원 2012.10.25 2012고합499
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From September 201 to August 201, the Defendant issued 20,000 won in cash to the above F, stating to the effect that “F, as a staff member of the Party responsible for C from September 201 to early 2012, the Defendant was working as a annual return house, from the 9th guest room in Daejeon-gu, Daejeon-gu, on March 17, 2012, as a staff member engaged in the entertainment of the guest room, the Defendant was a staff member of the 19th National Assembly member election of the 19th National Assembly member of the Seoul-gu, Daejeon-gu, who was an ordinary passenger of the 3th National Assembly member of the 19th National Assembly member Election of the 19th National Assembly member of the Republic of Korea, who was an ordinary passenger of the 3th National Assembly member of the 20,000 won of the 20,000 won of the 20,000 won of the remaining

In this way, the defendant provided money and valuables for the purpose of selecting G as a candidate in the competition of the Daejeon Dong-gu Daejeon Party C, and provided money and valuables to the competition elector for the purpose of enabling the competition elector to vote.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Reports on internal investigation (the details of the direction of inspection);

1. Police seizure records;

1. Matters concerning request for investigation and request for cooperation in investigation;

1. Application of publicity materials of any competition candidate statutes;

1. Article 230 (7) 1, Article 57-5 (1) of the Public Official Election Act (the occupation of purchasing electors) concerning criminal facts and Article 230 (7) 2 of the Public Official Election Act (the occupation of offering money and goods for the purpose of competition voting);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a person who violates the Public Official Election Act due to the purchase of electors with heavy penalty);

1. Selection of an alternative fine for punishment;

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

1. The prosecution's decision on the sentence of confiscation under Article 334(1) of the Criminal Procedure Act is seeking confiscation of 30,000 won in cash (Evidence No. 1) which was voluntarily produced by H.

However, it cannot be known whether F paid the cash received from the Defendant to H as it is, and the F added 10,000 won to his own ownership, and the Defendant among the cash confiscated 30,000 won, was F.

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