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(영문) 광주지방법원 해남지원 2014.11.07 2014고합30

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was a candidate for the election of a member of the 6th local election of the Jindo-gun nationwide, Jindo-gun, which was implemented on June 4, 2014.

A member of the National Assembly, a local council member, a head of a local government, a representative of a political party, a candidate (including a person intending to become a candidate) and his/her spouse shall not make a contribution to persons in the relevant constituency or institutions, organizations, facilities, or facilities located outside the constituency concerned with the electorate, or institutions, organizations, or

Nevertheless, at around 19:40 on June 3, 2014, the Defendant visited the E's house located in Jindo-gun D located in the election district of the members of the Jindo-gun, Jindo-gun, and provided E's mother with KRW 50,000 in cash and KRW 10,000 to E's mother G.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation by telephone;

1. Cash photographs stored at A's home;

1. Application of the Acts and subordinate statutes in cash which a suspect provides;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 113 of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment for not more than five years or a fine not exceeding ten million won;

2. Where a candidate, his spouse or lineal ascendants or descendants, or a person involved in an election [special mitigation] commits a crime (a person under special mitigation] other than Article 112(2) of the Official Election Act, in a case where the money, valuables, or benefits provided (a person under special mitigation is in a relationship with the other party to the act of contribution, and a person under special mitigation has passed prior to the election) are extremely insignificant [the scope of recommending punishment] a fine of one million won to five million won (basic area).

3. Determination of sentence: The crime of this case by a fine of one million won shall be committed by the electorate in the constituency on June 3, 2014 at the time when the defendant was left in front of a nationwide and provincial election.