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(영문) 광주지방법원 순천지원 2018.11.01 2018고합172

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the defendant was released as a candidate for the election district D(E) of the National Assembly members nationwide, which was held on June 13, 2018.

A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person intending to become a candidate) and his/her spouse shall not provide money, goods, or other property benefits, or make an expression of intent to provide them, or promise to provide them, even if there are persons in the relevant constituency, agencies, organizations, facilities, or other areas located outside the relevant Gu, or in the relevant Gu.

Nevertheless, on May 20, 2018, the Defendant attended the “G” church located in F on May 20, 2018, and provided KRW 100,000 as a constitutional donation, and provided KRW 11:0,000 to the “I” church located in H on May 27, 2018 and provided KRW 30,000 as a constitutional donation to each of the above churches located in the constituency.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. Investigation report (to hear statements made by the I church finance officer), investigation report (to hear statements made by the I church M) and materials attached thereto;

1. Application of Acts and subordinate statutes to a copy of the G church note and a copy of the I church note;

1. Article 257 (1) 1 and Article 113 (1) of the Act on the Election of Public Officials and the Selection of Fines for Criminal Facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Election of Public Officials Act on May 20, 2018, heavier punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Scope of punishment by law: A fine not exceeding 15 million won;

2. The scope of the recommended punishment on the sentencing criteria [the type of decision] where money and valuables provided as a contribution act [the person subject to special sentencing] or benefits are extremely insignificant (the scope of the recommended punishment] in violation of the prohibition and restriction on the contribution act.