beta
(영문) 춘천지방법원 속초지원 2018.11.08 2018고합42

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No sibling of a candidate shall make contributions in the election period for a candidate or the political party to which he belongs, regardless of whether it is the election in question.

Nevertheless, the defendant found on June 5, 2018 during the 7th simultaneous local election period at around 05:30 on June 5, 2018 at the house of the electoral district C located in Gangwonwon B, and asked C to the effect that the same student has become a candidate for the military.

The term "as a result of providing 300,000 won in cash, to make contributions to D/L candidates who are his/her Dong residents for E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A written answer to G;

1. An investigation report (Submission of a detailed statement of transaction in a passbook to the account), an investigation report (Attachment to a criminal suspect's certified copy);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 257 (1) 1 and Article 114 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. The scope of punishment: A fine not exceeding 10 million won;

2. Scope of the recommended punishment for the sentencing guidelines [the type of punishment] Gun of election crimes, and violation of prohibition of and restriction on contribution acts [the scope of the recommended punishment]: Fine of one million won to five million won.

3. Contributions related to an election for decision-making may cause damage to the fairness and transparency of elections and distort the foundation of democracy by distorted rational choice of voters.

The crime of this case was conducted at the time of leaving the election for about one week, with a little amount of money provided to C.

Considering these circumstances, it is necessary to strictly punish the defendant.

However, the defendant recognized his mistake, there is no record of the same crime, and the crime of the defendant seems not to have a significant impact on the result of the election.

Such circumstances are considered as favorable to the defendant, and all other sentencing conditions are considered as ordered.