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(영문) 의정부지방법원 고양지원 2014.12.19 2014고합210
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is Cparty Goyang-si Regional Committee D, Yongsan-gu, Busan Metropolitan City, and E is a person who registered the 6th basic local council member election as a preliminary candidate on March 31, 2014, and registered as a candidate on May 15, 2014, and won on June 4, 2014.

No one shall make, or have another person make contributions to, a candidate or a person who intends to become a candidate in connection with an election.

On April 18, 2014, the Defendant introduced the F Apartment Complex Center in Seocho-gu, Yongsan-gu, Incheon Metropolitan City, the Defendant gave prior guidance to enter E, a preliminary candidate, in the personnel room, and provided two members of the senior citizen center in order to hold the meeting, that the above E has been in the presence of 22 members of the senior citizen center in order to hold the meeting, and provided the envelope that 200,000 won of the total of 20,000 won to G under the name of the senior citizen center.

Accordingly, the defendant made a contribution to the above election for E to be a candidate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, G, I, J, K, and E;

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

1. The crime of this case under Article 257 (1) 1 and Article 115 of the Public Official Election Act related to criminal facts and Articles 257 (1) 1 and 115 of the Act on the Election of Local Council Members make contributions on behalf of a candidate who intends to take part in the election of the basic local council members. The act of donation related to the election of public officials is likely to impair the fairness and transparency of the election and to impede the rational choice of the voters. However, the elderly who has no criminal power, except for the case of a single-class fine that is minor, the defendant does not have to pay the money in this case. The payment of the money in this case is expected to have a strong effect on the part of the apartment representative in the center for senior citizens where the defendant who is the representative of the apartment in the center for senior citizens exercises a meeting to the outside of the center for senior citizens.

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