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(영문) 부산지방법원 동부지원 2014.10.02 2014고합161

공직선거법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2014, no one is allowed to make a contribution on behalf of a candidate or a person wishing to be a candidate for an election, the Defendant introduced I who was a preliminary candidate for the F head of F Gu H political party to G residing in the election district of the FF head of the FF head of the 6th nationwide local election at the office of "E" located in Busan, and provided food equivalent to 70,000 won by requesting I to assist the election campaign. On the other hand, the Defendant continued to provide G in the street near "K" located in Busan, with one million won in cash.

As a result, the defendant made a contribution to the election of the head of Franchis.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G;

1. Recording records;

1. The details of telephone calls, text messages, and the details of reservations to Ecafeterias on April 20, 2014, details of reservations, details of spending, and application of statutes on orders;

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act applicable to criminal facts and Article 257 (1) 1 of the Election Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations according to the sentencing guidelines: Basic area (one month for imprisonment or ten months) for violation of the prohibition against and restriction on contribution acts of election crimes.

3. Determination of sentence: The defendant, who was sentenced to six months of imprisonment and two years of suspended sentence, provided food of KRW 70,00 and KRW 1,000,00 to G, who is the president of the organization of Busan L, M and N, who was the president of the organization of 8 schools at the beginning and end of Busan L, M and N, for an election campaign. In the election of public officials, the act of giving money for the purpose of election campaign for a specific candidate to a certain candidate is detrimental to the transparency and fairness of the election, which is the core of democracy, and is detrimental to our society because he could encourage a campaign for a certain candidate, and the defendant was sentenced to a suspended sentence for six months for a violation of the Attorney-at-Law Act on January 24, 2014.