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(영문) 대전지방법원 논산지원 2014.06.18 2014고합9
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a member of the grant group, who tried to become a candidate for the election district of a member of the grant group of the National Dong-si local election that was held on June 4, 2014.

A local council member or a person who intends to become a candidate shall not make a contribution to the electorate or a person who is related to the electorate.

Nevertheless, on July 23, 2013, the Defendant provided food equivalent to KRW 272,250 in total to G, the head of the F Senior Citizens Association branch of the Had Senior Citizens Association, I, the head of the J Senior Citizens Association branch of the assigned military, K, the head of the branch of the Guld Senior Citizens Association of the assigned military, the head of the branch of the Guld Senior Citizens Association of the Guld Senior Citizens Association and the head of the secretariat, and the head of the secretariat, who are related to the electorate, with food equivalent to KRW 272,250, to the electorate and the electorate, and made a contribution to the electorate and the electorate.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement concerning G and P;

1. Each police statement of M, K, I,O, P, N, and Q;

1. The application of Acts and subordinate statutes to internal investigation reports, investigation reports (Attachment to the list of executives and the heads of branch offices of RR), investigation reports (calculated amount of contributions), investigation reports (organization of persons concerned, analysis of the summary of statements, monetary records), investigation reports (report on the confirmation of elections), investigation reports (report on the confirmation of elections), investigation reports (report on the reception of registration guidance of preliminary candidates for Class A A officers

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 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. N andO among the participants at the time of the instant assertion is outside the constituency of the Defendant, and since there is no connection with the electorate, 90,750 won of the two persons’ food costs should be excluded from the facts charged.

2. Determination

A. Article 113(1) of the Public Official Election Act provides a contribution to “a person in the relevant constituency” and “a person who has relations with electors outside the relevant constituency even if there is any person outside the relevant constituency.”

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