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(영문) 창원지방법원 진주지원 2014.11.07 2014고합101

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a general elector who worked for the election campaign of the E market candidate after going to the 6th nationwide local election in June 4, 2014 that was implemented by the operator of D in C, and the defendant B is a general elector for the head of G political party H youth and is a general elector.

1. On March 14, 2014, at around 20:00, Defendant A asked to the effect that “If the FM market re-satisfed, the FM will force the FM to stop at the last election,” which was parked at the I parking lot located in C, Defendant A provided KRW 350,000 in cash.

Accordingly, the defendant provided money to the elector for the purpose of getting F elected.

2. Defendant B received KRW 350,00 in cash upon receiving a request from A to the same effect as the above 1. at the same time, time, and place as above 1.

As a result, the Defendant received money from A upon receiving F support and election campaign request.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police protocol on K, L, M, N,O, P, and Q;

1. Application of Acts and subordinate statutes to a written accusation, a report on internal investigation (a list of the data from TV set-off and the record of the informants), and a copy of the list of the Chairperson of the Council of Political Parties E

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 230(1)1 of the former Public Official Election Act (amended by Act No. 12583, May 14, 2014; hereinafter the same) (Selection of Fines) (Article 230(1)1 of the same Act)

B. Article 230(1)6 and 1 of the former Public Official Election Act (Selection of Fines)

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

1. Defendant B: proviso to Article 236 of the former Public Official Election Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is the basis of democratic politics, is to maintain and develop democratic politics by ensuring that the election of public officials, which is the basis of democratic politics, is held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election.