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(영문) 의정부지방법원 2014.09.18 2014고합280
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall make a contribution act for a candidate (including a person who intends to become a candidate) or his/her political party, with respect to an election, and conduct an election campaign by making a meeting of natives, alumni meeting, neighbors' meeting, or other assemblies, except as otherwise prescribed by the Public Official Election Act, before the election campaign period is held.

Nevertheless, at around 19:30 on April 11, 2014, the Defendant collected 29 food, such as E, F, G, H, I, J, K, L, and provided food and drinks equivalent to KRW 800,000,00 in the market value.

The defendant continuously introduced M to the above-mentioned persons who had registered as preliminary candidates in the 6th local election Yang-ju City as a cafeteria, and then proposed a proposal to be "for M candidates", and led the number of stuffs.

Accordingly, the defendant made contributions to the election for a preliminary candidate M, and carried out an election campaign before the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor’s statement concerning E, N, F, G, K, H, I, J, and L;

1. Each reply to the Defendant, I, K, H,O, J, E, F, G, P, L, M, and N;

1. Written accusation by the election commission at both weeks;

1. Floor plan inside the D cafeteria, internal photographs, receipts, receipts, etc. on the day of the case;

1. Current status of the election district in Gyeonggi-do and the administrative district in Yang-si, and statutes governing candidates lists;

1. Article 257 (1) 1, Article 115 of the Public Official Election Act (Violation of Restriction on Contributions and Selection of Fines) concerning facts constituting an offense, Article 257 (1) 1, Article 115 of the Public Official Election Act (Violation of Restriction on Contributions and Selection of Fines) and Article 254 (2)

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the maximum amount of both crimes]

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

4. The Criminal Procedure Act;

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