공직선거법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant shall not make any contribution act for a candidate, regardless of whether he/she is related to the election in question, with D's father No. 2, which was sent to C/Gun candidates at the sixth-time local election of Dong-si, 2014 implemented on June 4, 2014, on behalf of the defendant, for the candidate or his/her lineal ascendant or descendant, etc.
around 09:00 to 10:00 on June 1, 2014, at F’s house located in the former North E, the Defendant complained of the above D support, put two copies of 50,000 won in F’s batine, and made contributions for D candidates.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. A statement prepared by H;
1. Seizure records;
1. Notification of investigation data by the election commission;
1. An application for candidate registration, a family relation certificate, and a report on appointment of spouse;
1. Application of Acts and subordinate statutes on internal investigation reports (related to I telephone communications);
1. Relevant Article 257 (1) 1 and Article 114 (1) of the Public Official Election 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 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: A fine not exceeding one million won;
2. Scope of recommendation [decision of type] according to the sentencing guidelines, group of election crimes, violation of prohibition and restriction on contribution acts, and type (special-purpose person] increased factors: Crimes committed by the lineal ascendant of a candidate [the scope of recommendation] increased area: 8 months to 2 years.
3. Determination of sentence: In light of the fact that a donation related to an election of a fine of three million won is likely to undermine the fairness and transparency of the election and to impede the rational choice of voters, the Public Official Election Act strictly prohibits the act of donation, despite its name or form, the criminal liability of the accused is not minor, but in light of the fact that the accused led to the crime in this case and is deeply divided, there is no record of the same kind of crime, and that there is no record of the accused's age and health status, etc.