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(영문) 대전지방법원 2019.05.30 2018고합498
공직선거법위반
Text

The defendant shall be innocent.

Reasons

The defendant is the chairperson of the incorporated association B (hereinafter referred to as "B"), and C, as a member of the 7th local election, intended to become a candidate for the election of the E head of the Gu in the 7th local election.

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

Nevertheless, at around 18:20 on March 10, 2018, the Defendant requested B-related persons attending the Council of Information held by C to provide meals after the completion of the Council of Information. At G restaurant located in F (hereinafter “instant restaurant”), the Defendant invited C as a meal place while at the 11 members of B-related persons, including H, in the presence of 11 members of the G restaurant located in C (hereinafter “instant restaurant”), invited C as a meal place, and allowed C to appeal for support while conducting the personnel affairs against the said participants, and provided C with alcohol and alcohol equivalent to KRW 83,250 in total to five electorates, the electorate, and four persons, including one who are electorates, and one who are related with the electorates.

Accordingly, the defendant made contributions to the 7th local election E head of the Gu for C to be a candidate for the election.

The defendant and the defense counsel's arguments were the chairperson after the C's Council of Information, who is the adviser, completed the B's Council of Information, together with the related persons B. However, C, who was able to provide meals in the same restaurant, was found at the locked time and was only her personnel.

The defendant did not provide meals to the participants for C in connection with the election of the head of E head of the Gu.

Judgment

In fact, according to the evidence duly adopted and investigated by this court, the following facts are recognized.

D Si Council members C declared the departure of the head of E/Gu around December 28, 2017, and opened a briefing session around March 10, 2018.

The chairman is the defendant, and C is the adviser of B and J.

At the B, there are several festivalss, such as J and D, K, etc., and each affiliated association belongs to a number of teams.

On March 10, 2018, the persons concerned with the above Association including the defendant are present at C's Council of Information.

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