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(영문) 수원지방법원 성남지원 2017.01.12 2016고합208
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the chairperson of the Youth Countermeasure Committee for the Election of Candidates F of E, who was going to a constituency in the 20th National Assembly election conducted on April 13, 2016.

No one shall hold a meeting of native folks society, clan gathering, alumni meeting, rally to strengthen the unity, camping meeting, or other assemblies and meetings during the election period, with the aim of influencing an election, and make, or have another person make contributions to, an election for a candidate or a political party to which he/she belongs, in connection with an election.

Nevertheless, the Defendant was in the H head of G from April 1, 2016 to the following day 01:00 on April 1, 2016 in order to assist the F candidate in the election campaign.

I, by inviting about 25 people in the constituency including the election district including the I, to provide alcohol and speech, and to have the F candidate visit the election affairs division of F candidate election affairs, and to distribute personnel and name cards to the participants in the meeting, and then to appeal for support, the F candidate paid the drinking value of KRW 79,500 with the Agricultural Cooperative Card in the name of the defendant.

Accordingly, the defendant held a meeting to influence the election and made a contribution act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness K and L;

1. Statement made by the police against M;

1. Investigation report (verification of the contents recorded byCCTV), investigation report (CCTV image analysis -N, and move analysis by O time zone);

1. USB (H CCTV video recording), each CCTV output, each text printed material, a copy of the NH Nonghyup Card No.C. (P), a confirmation of the details of deposit and withdrawal, and a letter of appointment (Chairperson of the F Candidate Election Countermeasures Committee;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 256 (3) 1 (k) of the Act on the Election of Public Officials and Articles 256 (3) 1 (k) and 103 (3) of the Act on the Election of Public Officials concerning Criminal Facts, and Articles 257 (1) 1 and 115 of the Act on the Election of Public Officials;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).

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