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(영문) 대전지방법원 2016.10.20 2016노1759
공공단체등위탁선거에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (in fact-finding) F and G’s statement, etc., even if the Defendant made a contribution by providing F with an envelope containing 200,000 won in cash, and sufficiently recognizes the fact that the Defendant made an election campaign prior to the election campaign period, the lower court found the Defendant not guilty of the facts charged of this case, there is

2. Determination

A. The lower court determined that the instant facts charged constitute a case where there is no proof of crime, and thus, acquitted.

The evidence that the defendant made a statement to the same effect as the facts charged and made a contribution of KRW 200,000 is only a witness F's statement at an investigative agency and a statement in this court.

(F) The de facto statement of the F is merely considering the bags of 200,000 won from Ecuas that he was on board with F along with F, and it is not a direct evidence of the facts charged. However, it is difficult to believe that F’s statements in investigation agencies and in this court are true for the following reasons.

1) All of F’s legal wife H and F died on February 1, 2015 of EF’s members, and H’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’ss f’s f’s f’s f’s f’

2) On the same day, F notified the Defendant of the H’s appearance as a partner, and asked the Defendant for the receipt of the reward paid to the partner. F revealed that the Defendant could immediately be paid KRW 50,000 upon entering into the partnership. The F requested the employee in charge of A’s charge to deposit the Plaintiff into the account after applying for the H’s bonus to a partner in charge. The Defendant, at this time, sent the F as the head of the partnership’s office, because it was unfolded by himself, and delivered the plastic bag. 2) As to the amount incurred in the envelope delivered by the Defendant to F.

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