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(영문) 창원지방법원 거창지원 2020.06.22 2020고합6

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

In around 2007, the defendant was in office as the director of the BD Education Center in BD office and became aware of it with C(former member of the National Assembly in D local constituency) at the time.

On January 2, 2020, the Defendant invited members of E (F Association), G (H, I, J, and Go Chang-dong Meeting) who are a social organization to which he was a member of the Defendant, and provided c who was registered as a preliminary candidate for the 21st National Assembly member election that was implemented on April 15, 2020 at the above meal space as a preliminary candidate for the 21st National Assembly member election that was implemented on April 15, 2020.

In spite of the fact that anyone is unable to make a contribution on behalf of a candidate in connection with an election, the defendant provided 141,538 won (excluding the meal expenses for the defendant, C preliminary candidate, and C preliminary candidate's election campaign office-related directors, P, and Q five persons) to eight electorates, such as a meal fee, at a L restaurant located in K from January 14, 202 to December 4, 2020, at the list of participants, including N residing in M-Gun, and the list of participants, such as N residing in M-Gun, and the same electorate.

Accordingly, the defendant made a contribution to the 21st National Assembly member for a person who wishes to be a candidate.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning R;

1. An investigation report (report on the results of hearing telephone statements of participants at a l restaurant);

1. Application of the Acts and subordinate statutes applicable to the accusation petition;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) of the Criminal Act;

1. Scope of punishment by law: Fines of 50,000 to 5 million won;

2. The scope of the recommended sentence according to the sentencing criteria (the decision of type) shall be in violation of the prohibition and restriction on contribution acts.