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(영문) 의정부지방법원 2017.04.26 2016고합385
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

Nevertheless, at around 7:00 on March 20, 2016, the Defendant invited about 40,00 members of K as the head of the Defendant’s group and provided about 2.9 million won food to them for the said I and J in order to conduct a 20th National Assembly member election political party (at present, the name was changed to H political party; hereinafter “G political party”), a candidate for the FF election at the 20th National Assembly member election in the E cafeteria’s cafeteria’s “D” restaurant operated by the Defendant, and the FF market re-election on the same day, which is a candidate for the G political party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M and N;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Each written statement ofO, P, I, J, Q, R, and S, T and U;

1. Investigation report (including text details and accompanying materials received by the person under investigation from I);

1. A list of data voluntarily submitted (to be attached to offlines ofCCTV data), analysis of CCTV screens, and CCTV images;

1. A written accusation;

1. The application of six Acts and subordinate statutes to the list of participants in the D cafeteria and newspaper articles;

1. Articles 257 (1) 1 and 115 of the Election of Public Officials Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in a violation of the Public Official Election Act for I in relation to the election of National Assembly members who are more severe in nature and circumstances);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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. Summary of the assertion

A. Although the Defendant provided meals at the time and place stated in the facts of the crime (hereinafter “instant meals”), this is merely a case where the Defendant, the head of K, provided meals to members according to the operation practices of K, etc., and is an election.

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