beta
(영문) 춘천지방법원속초지원 2020.10.29 2020고합16

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

On February 2, 2020, the Defendant registered as a preliminary candidate for a re-election of Do governor (Gu Cparty) on February 2, 2020, and went out on April 15, 2020 as a candidate to which B party belongs, and was successful.

A person who intends to be a candidate for the head of a local government shall not make a contribution act to a person in the constituency concerned, or a person who is residing outside the constituency concerned but has relations with the electorate.

Nevertheless, at around 11:00 on February 2, 2020, the Defendant made a contribution to approximately 8 electorates, such as F, J, and K, in the G waiting room operated by F in Gangwon, by paying 10,000 won of the coffee, which was delivered to D, and providing it to F, J, and K, in the relevant constituency.

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, some revision was made to clarify the facts charged.

(See Supreme Court Decision 2005Do6433 Decided March 24, 2006, etc.). Summary of evidence

1. Defendant's legal statement;

1. The application of the protocol of statement to K to the prosecution J and the police protocol of statement to L;

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning facts constituting an offense;

1. Selection of an alternative fine for 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. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The scope of recommendations on the sentencing guidelines (the scope of recommendations) shall be limited to the cases where money and goods provided, or profits provided, in an aggravated area (eight months to two years) (special mitigations), subject to an aggravated area (eight months to two years), or where they are extremely insignificant (including a person who intends to become a candidate), a candidate (including a person who intends to become a candidate), a spouse of a candidate, a lineal ascendant or descendant, or a person related to an election / criminal records of the same kind (including fines);

3. The legislative intent of the Public Official Election Act, which strictly limits contributions, is to ensure the fairness and transparency of the decision making of sentence.