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(영문) 대구지방법원 2016.10.21 2016고합455

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant was a preliminary candidate for the 20th National Assembly member of the C Party.

A political party, candidate (including a person who intends to be a candidate), election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, or company having relations with a candidate or his/her family under Article 114 (2) of the Public Official Election Act, etc. shall not offer, manifest his/her intention to offer, or promise to offer money, valuables, entertainment, or other benefits to a person who operates or manages the relevant broadcast, newspaper, communication, magazine, or other publications, or a person who edits, gathers materials, writes, or reports, or his/

Nevertheless, around December 2015, the Defendant requested the publisher and editor F for the 20th general election news articles, and promised to provide F with KRW 600,000,000.

As a result, the Defendant promised to provide money in connection with the election report to a person who operates or manages broadcasting, newspapers, communications, magazines, or other publications, or who edits, gathers materials, writes, or reports.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of prosecution concerning F;

1. Each investigation report (the submission of a file to forward promotional articles by GF computer data, H, A, I, and J, and the submission of a preliminary candidate for internal investigation and the submission of a preliminary candidate for registration);

1. Application of Acts and subordinate statutes to copies of public relations articles of E, and current status of companies preparing the F;

1. Relevant provisions of relevant Acts concerning criminal facts and Articles 235 (2) and 97 (2) of the Public Official Election Act for 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 punishment by law: A fine not exceeding 20 million won;

2. The scope of recommendations on the sentencing criteria (the determination of types) shall be the three types (the general purchase by candidates, etc.).