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(영문) 대구지방법원 2018.10.05 2018고합376

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant is a member of the 7th simultaneous local election C council in Daegu District, who is a candidate D (levis) belonging to the constituency non-election district, on the 7th simultaneous local election.

An election secretary of a candidate shall not make any contribution act for the candidate, regardless of whether it is related to the election, during the election period.

On June 9, 2018, the Defendant received instructions from the above D to the effect that “E calls for getting on and off the otoba, and calls for them not to do so,” at a place where the location of the o’clock is unknown, and was willing to ask E to call for the entrance and exit of the said D for the said D.

Therefore, on June 10, 2018, at the office of G 1st floor located in Daegu F around 07:00, the Defendant provided 1 Byung with approximately KRW 70,000 in the market price, stating that “E is within the election period as long as the election period expires due to the expiration of the internal election period.”

Accordingly, the defendant, as a candidate D election secretary, made a contribution act for the candidate during the election period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to H, D, and I;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a investigation report (specific relation to sewage's main value, and appending materials related to D falling lines);

1. Article 257 (1) 1 and Article 114 (1) of the Act on the Election of Public Officials in Charge of Crimes and the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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;

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. Application of the sentencing criteria [type of decision] Violation of restriction on prohibition of contribution acts by election - Class 1 (Special Sentencing person) (Special Sentencing person): Punishment of related persons - mitigated factors: Where money and valuables provided or benefits are extremely minor (the scope of recommended punishment): fine of one million won.