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(영문) 의정부지방법원 2016.09.21 2016고합327

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

In light of the legislative intent of the Public Official Election Act that ensures the fairness and transparency of the election, Defendant’s responsibility for the crime is not less and less than that of Defendant in light of the legislative intent of the Public Official Election Act, as a sponsor for the 20th National Assembly election candidates, who distributed books indicating the candidate’s name on two occasions in a manner that does not stipulate the Public Official Election Act.

In addition, the candidate supported by the defendant was elected in the election of the National Assembly member, and the possibility that each of the crimes of this case could not have influenced the election cannot be ruled out.

However, since the defendant recognizes each of the crimes of this case and reflects the fact that the defendant's act of contribution, the object of the act of contribution is small number, and the benefit of the defendant is minor, and the defendant was punished as minor fines on February 12, 2016, there is no record of crime except for the crime, there is a crime that is in a concurrent relationship with all of the sentencing conditions stated in the records of this case, such as the motive, means and result of the crime, the circumstances after the crime, the age, environment, and sexual behavior, it does not apply to multiple crimes, but it refers to the range of recommended sentences as follows: * Violation of the prohibition and restriction on the act of contribution by the military in violation of the Public Official Election Act due to the violation of the Restriction on Contribution Act (500,000 won to KRW 50,000) [the extent of violation of the Election Campaign Act, such as the order to reduce or reduce the amount of money or benefits provided or benefits by the method of distributing printed materials]