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(영문) 창원지방법원 밀양지원 2018.12.21 2018고합46
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was elected as the candidate of a party D in the election of the C head of a Gun nationwide at the seven times of simultaneous local elections implemented on June 13, 2018, and E is the spouse of the Defendant.

No candidate (including a person intending to become a candidate) and his/her spouse shall make contributions to any person in the constituency concerned, or any institution, organization or facility, or any person, institution, organization or facility having relations with a resident in the constituency concerned, or any institution, organization or facility even if it is outside the constituency concerned.

Nevertheless, the Defendant and E conspired to visit the center center located in the Republic of Korea, senior citizens center, etc. to request support from the Defendant, and distribute the calendar force in 2018, stating “Certified Judicial Scriveners A (G),” and accordingly, the Defendant visited the first senior citizen center located in the Gyeongnam H from November 2017 to January 2018, and distributed three copies of the calendar force to the residents in the constituency, including J, etc., and E visited the senior citizen center located in the Republic of Korea at the same time and distributed one copy of the calendar force to the residents in the constituency, including M, etc.

In addition, the Defendant conspired with E, and distributed a total of six copies of the calendar (the total market price is 6,000 won) to the residents of the election districts, such as community halls, from November 2017 to January 2018, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning suspect interrogation of E by the prosecution;

1. Report on internal investigation (verification of the calendar unit price produced by a suspected person A), and each investigation report (to hear telephone statements and attach CDs - Reporting on the results of telephone conversations by reference witnesses M, N, reference witnesses J.);

1. Application of Acts and subordinate statutes to photographs posted with calendar power;

1. Article 257 (1) 1, and Article 113 (1) of the Act on the Election of Public Officials for the Punishment of Criminal Facts, and Article 30 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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