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(영문) 대전지방법원 서산지원 2019.01.30 2018고합133

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

The defendant was elected as proportional representative of the party B in the 7th simultaneous local election conducted on June 13, 2018.

A National Assembly member, local council member, etc. shall not make a contribution to a person in the constituency, institution, organization, facility, or a person, institution, organization, or facility having relations with the electorate even if it is outside the constituency concerned.

Nevertheless, around September 1, 2018, the Defendant attended a friendship group in the name of "F" organized by women residing in Seosan City in the cafeteria located in D, and provided the Chairperson G with KRW 1 million in cash in terms of the operation of the above group and the activity expenses.

Accordingly, the defendant made a contribution to an organization located in the constituency.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H and G;

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act and Article 257 (1) 1 of the same Act concerning criminal facts and the selection of fines;

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 million won;

2. Scope of the recommended punishment according to the sentencing guidelines (a decision of type) (a violation of prohibition of and restriction on the act of contribution to election crimes shall be made in violation of the provisions of subparagraph 1 (contribution Act) (Scope of recommending punishment) (a person who has a special relation to a contribution).

3. Determination of sentence: The crime of this case in which a fine is imposed in KRW 80,00,00 is committed by a defendant who is a cause of a metropolitan area, and the crime of this case is committed to an organization located in the constituency, and the crime of this case cannot be deemed to be minor in light of the purport that the Public Official Election Act prohibits acts

However, the Defendant committed the instant crime only without any particular warning about the contribution act in the state that the Defendant shows an attitude to recognize and reflect his mistake with respect to the instant crime, and that the Defendant committed the instant crime under the lack of election experience.