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(영문) 광주지방법원 2006.9.6.선고 2006고합269 판결
공직선거법위반
Cases

206Gohap269 Violation of the Public Official Election Act

Defendant

-O, Agriculture

Residence Mine-gu Hanam-dong, Gwangju Metropolitan City

Prosecutor

Kim Yoon-Jon

Imposition of Judgment

September 6, 2006

Text

Defendant shall be punished by a fine of KRW 700,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Reasons

Facts of crime

On May 31, 2006, the defendant was working as the chairperson of the ○○○○○○ Countermeasure Committee located in Gwangju Mine-gu as a democratic party member, and engaged in an election campaign on behalf of the democratic members such as the front-out paths elected by going out to the head of the Gwangju Regional Mine Government, Gwangju. Even though he was unable to hold a native folks society, alumni association, neighbors' meeting, and other assemblies before the election period, he shall not hold an election campaign for the 5th election period, and he shall hold an election campaign for the above 00 o○, ○○○○○○○○○○○○, and OO and other members of the above ○○○○○○○○○○○ Countermeasures Committee to the effect that he would have been elected, and shall hold an assembly to the above O0-day candidate's pre-election for the development of the 1st election road and the basic mine for the above 000 o-party candidate's election."

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of each police statement on ○○○, ○○, ○○, ○○, Kim○, ○○○, ○○○, Red○,○○, Maximum○, ○○, Park○, and O, and each statement of each police statement on O;

1. Each written statement of questions and answers on ○○○, ○○, ○○, ○○, ○○, ○○○, ○○○, KimO, Gab○, ○○, and Ma○○;

1. Descriptions of the accusation note and book copies; and

Application of Statutes

1. Article applicable to criminal facts;

Public Official Election Act Article 254(2)3 (Selection of Fines)

1. Detention in a workhouse;

It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act.

Judges

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus

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