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(영문) 전주지방법원 2016.09.30 2016고합103
공직선거법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) No National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person intending to become a candidate) and his/her spouse, who violates a restriction on contributions by a candidate, etc., shall make contributions to persons in the constituency concerned, or institutions, organizations and facilities, or persons having relations with residents in the constituency concerned, or institutions, organizations and facilities, even if they are outside the constituency concerned;

The Defendant completed the registration of a preliminary candidate on March 7, 2016 in order to run in the election of Council members H in the G constituency conducted by F, and was elected as a City Council member after going through the above H election.

On March 16, 2016, from around 19:00 to 20:30, the Defendant provided 350,000 won, such as chickens, to 26 residents in the election district, such as a electoral district residing in K, or residents in the election district, such as L, etc. who are related to him/her, and made a contribution by paying 350,000 won.

(b) Except as otherwise provided for in the Public Official Election Act, no election campaign shall be conducted by means of broadcasting, newspapers, news communications, magazines, and other publications, campaign meetings, debate, debate, native folks meeting, alumni meeting, alumni meeting, neighbors' meeting, other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visit, and other methods prior to the election campaign period in violation of the said Act.

After gathering 26 election district residents, including L, who reside in K, or who have a relation with them, at the time and place under the preceding paragraph, the Defendant filed an election campaign prior to the election campaign period, on the grounds that the Defendant, himself, the National Assembly member P in preparation for the election district of the National Assembly member affiliated with the same M party, and R in preparation for the election district of the National Assembly member Q.

2. Defendant B provided free meals to the people in the constituency at the J cafeteria located in I on March 16, 2016 and paid the price.

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