공직선거법위반
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.
Punishment of the crime
The defendant is the chairman of the joint election countermeasure committee for the candidate for the 20th National Assembly member election district C in the election district of the 20th National Assembly member, and is an election campaign worker.
No one shall make contributions for the election concerned before the election period, and any executive or employee of a political party, the head of a political party, a candidate or his/her spouse, a lineal ascendant or descendant and sibling, a spouse of a candidate, an election campaign manager, a chief of the election campaign liaison office, an election campaign worker, an accountant in charge, an election campaign speechmaker, a interviewer or debater, a company having relations with the candidate or his/her family, or any executive or employee thereof, regardless of whether it is an election,
Nevertheless, at around 12:00 on April 2, 2016, the Defendant attended the agenda of Simsan, which is supervised by the “H mountain conference” in the vicinity of G located in the Gu located in the Pakistan, and made a contribution by inserting 30,000 won in cash in the envelope for the above E candidates by inserting it into the envelope for the purpose of supporting the “H mountain conference.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. On-site photographs;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article 257 (1) 1 and Article 114 (1) of the Public Official Election 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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of punishment by law: A fine not exceeding 10 million won;
2. Aggravation of the types of recommendations according to the sentencing guidelines (decision of type): Violation of prohibition and restriction on contribution acts (special-sponsor): Where money or goods provided or benefits are extremely minor, the aggravated factors: The basic area of crimes committed by persons related to elections [decision of the recommended area] (the scope of recommendations] by a fine of one million won to five million won.
3. Determination of sentence: The defendant committed the instant crime with a fine of KRW 500,000.