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(영문) 수원지방법원 2014.11.27 2014고합529

공직선거법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant works as the passbook in Yong-si, the Defendant contacted the E-political party 1- or F, who opened as a candidate in the 6/4 local election, in spite of the fact that he/she was unable to demand a person to make a contribution in connection with the election, and visited the Defendant as if he/she had engaged in an election campaign, etc., at around 09:39 on May 25, 2014, the Defendant used the Defendant’s mobile phone at the Defendant’s dwelling located in the 104-201-Ga, Young-gu, Young-gu, Young-gu, G Apartment-gu, 104-201, and demanded the said F to offer money and valuables to the said F by transmitting the word “a person who is elected and sees that he/she will be elected and see that he/she will be elected,” which is subject to restriction on the contribution act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Communications data meetings;

1. Application of Acts and subordinate statutes to a register of candidates for local elections which are the 6th local elections, such as text contents (request for money or other valuables), photographs (any characters received from A), investigative data (fags, photofags, telephone recording, etc.);

1. Relevant provisions for facts constituting an offense and Articles 257 (2) and 116 of the Public Official Election Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by sentence: Imprisonment for not more than three years;

2. Where the scope of recommendation [the scope of recommendation] according to the sentencing guidelines (the scope of recommendation] is in violation of the prohibition and restriction on contribution acts, and the basic area (one month to ten months) of the basic area (the person subject to special mitigation) (the person subject to special mitigation) is declared or promised / Where he/she is in stay on the election day.

3. The Public Official Election Act aims to contribute to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures. Therefore, the corresponding punishment should be imposed against violations of the Public Official Election Act.