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(영문) 부산지방법원 2008.8.26.선고 2008고합448 판결
공직선거법위반
Cases

208Gohap448 Violation of the Public Official Election Act

Defendant

A (51years, South Korea), and the chairman of the whole X-Gu Council

Prosecutor

Fluorent Number

Defense Counsel

Attorney Kim Jong-ho

Imposition of Judgment

August 26, 2008

Text

A defendant shall be punished by a fine of KRW 800,000. Where the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 60,000 won into one day: Provided, That a fractional amount shall be one day.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal history officers, local council members and their spouses shall not make contributions to persons, institutions, organizations, or facilities in the relevant constituency, or persons, institutions, organizations, or facilities having relations with electorates even if they are outside the relevant constituency.

On February 13, 2008, the Defendant, as a member of the X-gu Council, was the chairman of the X-gu Council, and on February 14:18, 2008, the Defendant calculated the meal cost of KRW 126,000 by accompanying the X-gu residents residing in the X-gu to the National Assembly member B of the X-gu in the presence of a civil petition in relation to the election of the president of the community credit cooperatives. Accordingly, the Defendant donated KRW 126,000 to the government purchase credit card paid as the expenses for the promotion of the operation of the president

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Public Official Election Act Article 257 (1) 1 and Article 113 (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung

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