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(영문) 창원지방법원 거창지원 2013.07.11 2013고합13

공직선거법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant shall not make any contribution act for a candidate during the election period, to the brothers and sisters of a candidate due to the pro-win relationship of C, which is a candidate for the come-off and reelection held on April 24, 2013.

At around 18:30 on April 18, 2013, the Defendant attended the “F” meeting, a group of members, and provided 21 members with food equivalent to KRW 580,000.

Accordingly, the defendant made a contribution act for C, a candidate for Masan-gun, during the election period.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning G, H, I, J, K, L, M, N,O, P, Q, Q, S, T, U, V,W, X, Y, and Z;

1. Each investigation report (to report the analysis of data onCCTV and to attach a family relation certificate (A, AA, and AB)) shall be governed by statutes;

1. Relevant Article 257 (1) 1 and Article 114 (1) of the Public Official Election Act concerning facts constituting an offense and the reason for sentencing of punishment (elective of imprisonment);

1. The range of punishment for not less than one month but not more than five years;

2. Where he/she stay in office for the scope of the recommended election crimes, and violation of prohibition and restriction on contribution acts (special heavy factors) on the election day according to the sentencing guidelines (the scope of recommending punishment) for not less than 8 months and not more than 2 years (special zone).

3. The crime of this case in which the defendant attended a regular meeting of the friendship group with the support group, which is based on the support group, in order to assist the friendship C, which is a candidate for the re-election of the head of Yangyang-gun, and provided food and drink to many people, and thus, the purpose of legislation of the Public Official Election Act is to prevent the election for the right of money, and the defendant, despite being aware that such contribution act may be in violation of the Public Official Election Act, is planned to commit the crime, such as preparing cash in advance for the purpose of preventing settlement evidence. The defendant made phone calls and receives text messages with C on the date of the crime of this case, immediately after the contribution act, and the defendant received it at the place of the above gathering.