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(영문) 울산지방법원 2018.11.16 2018고합220
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From July 1, 2014 to June 30, 2018, the Defendant served as a member of the Ulsan Metropolitan City Council. On June 13, 2018, the Defendant went out to the election of National Assembly members of the Ulsan Metropolitan City B, a Metropolitan City Council member at the same time, but went out on the 7th simultaneous election on June 13, 2018.

A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person intending to become a candidate) and his/her spouse shall not make contributions to persons in the constituency concerned, or institutions, organizations, facilities, or any other persons having relations with a resident in the constituency concerned, or institutions, organizations, or facilities even if they are outside the Gu concerned.

Nevertheless, at around 11:00 on September 22, 2017, the Defendant offered KRW 176,000 for 75 persons, such as the above F, etc., who participated in the above-mentioned and elective event in Ulsan Island, to 80 members of the Council, such as the head of the E president, who are residents in the relevant constituency, who attended the ceremony of transfer and taking-off, and the total of KRW 80 (2,200 per opening) containing the name of “D Council President A”, and around 12:00 on the same day, the Defendant provided KRW 1,595,000 for meals equivalent to KRW 1,59,000 for 75 persons, such as the above F, who participated in the above-mentioned and taking-out event in Ulsan G.

Accordingly, the defendant made contributions to those who are in the constituency concerned and those who are residents in the constituency concerned.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to each letter of answer, original receipt, official text launched of the 18th Council, seizure records, list of seizure, current status of K subsidy support, and the application of each statute on internal investigation;

1. Article 257 (1) 1 and Article 113 (1) (mainly, selection of fines) of the Act on the Election of Public Officials in Charge of Crimes and Articles 257 (1) 1 and 113 of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The act of donation in this case, which is an ordinary act, is indicated in the Election of Public Officials Act.

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