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(영문) 부산지방법원서부지원 2020.11.19 2020고합190

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who was elected for I (Registration of Candidates on March 26, 2020), a candidate for the H council member belonging to the B Party (Registration of Candidates on March 26, 2020), who was the chairperson of B Party E (former C Party E) and the Busan F Party G election implemented on April 15, 2020.

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

Nevertheless, at around 20:30 on March 26, 2020, the Defendant made a contribution to the amount equivalent to 190,000 won, excluding membership fees of KRW 5,00,00, by paying the Defendant to 17 persons, such as N,O, P, Q, etc., who are resident electors, or who have a certain relation with the electorate, freely drink and alcoholic beverages at the “L” restaurant operated by K in Busan, Busan, the Defendant made a contribution to the same amount for the Defendant I.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against R and K;

1. Application of Acts and subordinate statutes to investigation reports (inspection command-registration as to whether election clerks are registered), investigation reports (contribution amount and confirmation to other parties);

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10,000,000;

2. The scope of the recommended sentence according to the sentencing guidelines (the decision of type) [the scope of recommendation field and the scope of the recommended sentence] that there is no person in violation of the prohibition of and restriction on contribution to election crimes (the act of contribution) [the area of recommendation and the scope of the recommended sentence], the basic area of the punishment, the fine of one million won to five million won.

3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

The crime of this case is committed for the candidate to run in an election for public office.