In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting each of the 100,000 won into one day.

To order the Defendants to pay an amount of money equivalent to the above fine.

피고인 1은 2010. 6. 2. 실시된 제5회 ○○광역시 △구의회의원선거(이하 ‘제5회 선거’라 한다) ‘라’선거구(◁◁1동, ▷▷1·2·5동)에서 □□□당 소속 후보자로 출마하여 당선되어 2012. 7.경부터 ‘의장’으로 활동하다가, 2014. 6. 4. 실시된 제6회 ○○광역시 △구의회의원선거(이하 ‘제6회 선거’라 한다) ‘다’선거구[◎◎5동, ◁◁1·4동, ▷▷1·2·4·5동(제5회 선거에서의 ‘다’선거구 및 ‘라’선거구가 통합된 선거구, 이하 같다)]에서 위 정당 소속 후보자로 출마하여 당선된 사람이다.

피고인 2는 제5회 선거 ‘가’선거구(♤♤1·2·3·6동)에서 위 정당 소속 후보자로 출마하여 당선되어 2012. 7.경부터 ‘부의장’으로 활동하다가, 제6회 선거 같은 선거구에서 위 정당 소속 후보자로 출마하여 당선된 사람이다.

피고인 3은 제5회 선거에서 위 정당 소속 비례대표후보자로 출마하여 당선되어 2012. 7.경부터 ‘사회도시위원장’으로 활동하다가, 제6회 선거 ‘다’선거구(◎◎5동, ◁◁1·4동, ▷▷1·2·4·5동)에서 위 정당 소속 후보자로 출마하여 당선된 사람이다.

Defendant 4, from the 5th election campaigned “B” constituency (the 5th election campaigned 1, 2, and 4) to leave as a candidate for the said political party and elected as a candidate for the said political party from July 2012, and was going to the “the Chairman of the Operating General” from around July 2012, Defendant 4 was a person who left as a candidate for the said political party

【Criminal Facts】

A local council member shall not make a contribution to a person in the relevant constituency or an institution, organization, or facility, or a person who has relations with the electorate even if there is an area outside the relevant constituency, or an institution, organization, or facility.

1. Defendant 1

피고인은 2012. 7. 12. 12:00경 (주소 1 생략)에 있는 ‘◇◇◇◇숯불갈비’ 식당에서 피고인의 선거구 안에 있는 ◁◁1동장 등 주민센터 직원 5명에게 106,667원 상당의 식사를 제공한 것을 비롯하여 별지 범죄일람표(1) 기재와 같이 2012. 7. 12.경부터 2014. 4. 14.경까지 총 30회에 걸쳐 위와 같은 방법으로 선거구민 등 243명에게 합계 4,027,019원 상당의 식사를 제공하였다.

Accordingly, the defendant made a contribution to a person in the constituency concerned or a person who has relations with the electorate.

2. Defendant 2

Around 12:00 on July 30, 2012, the Defendant provided 202 persons including electorates, etc. with meals of an amounting to KRW 54,000 at the market price from July 30, 2012 to April 23, 2014, as indicated in the attached Table of Crimes (2), to three employees of the Gu office, including the public official in charge of culture and tourism in the ○○ Metropolitan City △△△△ Office, where the Defendant had a relation with the electorates of the Defendant, as well as the public official in charge of culture and tourism, etc., of the Gu office, with meals of an amount equivalent to KRW 54,00,00, in total, from July 30 to April 23, 2014.

Accordingly, the defendant made a contribution to a person in the constituency concerned or a person who has relations with the electorate.

3. Defendant 3

피고인은 2012. 7. 24. 18:30경 (주소 1 생략)에 있는 ‘◇◇◇◇숯불갈비’ 식당에서 피고인의 선거구 안에 있는 ◎◎5동장 등 주민센터 직원 6명에게 121,714원 상당의 식사를 제공한 것을 비롯하여 별지 범죄일람표(3) 기재와 같이 2012. 7. 24.경부터 2014. 4. 1.경까지 총 37회에 걸쳐 위와 같은 방법으로 선거구민 등 237명에게 합계 4,672,892원 상당의 식사를 제공하였다.

Accordingly, the defendant made a contribution to a person in the constituency concerned or a person who has relations with the electorate.

4. Defendant 4

On July 6, 2012, the Defendant provided 163,714 won meals to 6 employees of the community service center, such as chip 200,714 won, located in the Defendant’s constituency, in the “▽▽▽▽▽▽▽△△” restaurant located on July 6, 2012 ( Address 3 omitted) and, as indicated in the attached list of crimes (4), from July 6, 2012 to April 1, 2014, the Defendant provided 96 persons, including the electorates, with meals of 1,971,303 won in total at the market price on 18 occasions as above.

Accordingly, the defendant made a contribution to a person in the constituency concerned or a person who has relations with the electorate.

1. The prosecutor’s statement of the Nonindicted Party

1. Investigation reports (Attachment to data), investigation reports (Attachment to a copy of an execution plan for business promotion expenses);

1. A written accusation;

Defendants: Articles 257(1)1 and 113(1) of the Public Official Election Act (including selection of fines and the date and time of crimes)

1. Aggravation for concurrent crimes;

A. Defendant 1: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the Public Official Election Act as of July 24, 2013, with the largest penalty)

B. Defendant 2: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most severe penalty for a crime)

C. Defendant 3: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated in the Public Official Election Act of June 19, 2013, which is the largest penalty)

(d) Defendant 4: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes committed on January 9, 2013)

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

2. In addition, even if the amount the defendants used to provide food, etc. was paid from the indirect official business expenses organized in the budget of the ○○ Metropolitan City △△△ Council through the budget execution procedure, insofar as such payment does not constitute “act of offering money or goods in accordance with Acts and subordinate statutes” under Article 112(2)4(a) of the Public Official Election Act or “act of offering money or goods in accordance with ordinances of the pertinent local government that specifically determine the target, method, scope, etc.” under Article 112(2)4(b) of the Public Official Election Act, the payment constitutes an element of Article 257(1)1 (see Supreme Court Decision 2009Do676, Apr. 9, 2009)

3. Furthermore, in addition to the following circumstances acknowledged by the evidence of each of the above circumstances, Defendants 1, 2, and 4 were released from the fifth election to the candidate for the election district and elected in the sixth election. Defendant 3 thought that the candidate for the same constituency was elected at the fifth election. Although the candidate for proportional representative was elected in the sixth election, the Defendants thought that the candidate for the election of the local government was not a candidate for the election but for the sixth election but for about 18 to 37 times for each of the above 20-year period, and that the above 10-year period for the purpose of the enforcement of the Local Finance Act was illegal, and the above 10-year period for each of the above 20-year period for the purpose of the election of the local governments, and the 10-year period for each of the above 20-year period for the purpose of the enforcement of the local government's ordinary regulations for the election of the public officials and the 20-year local government's general rules for the election of the local government.

[Determination of type] Each election crime, violation of prohibition and restriction on contribution, and violation of the first category (contribution)

[Special Convicts] Where money or valuables provided or benefits are extremely minor (requirements for Mitigation), a candidate's crime (Aggravated Elements)

【General Convicts】

- Defendant 1 and Defendant 3: None of each criminal punishment power (reduction elements)

[Scope of Recommendation] Each fine of KRW 1,000,000 to KRW 5,000,000 (Basic Field)

[Scope of the corrected Recommendations] Each fine of KRW 1,00,000 - KRW 9,166,666 [the ceiling of the amount of punishment for the basic crime of KRW 5,00,000] shall be added to KRW 1/2 (the fine of KRW 2,50,000) of the upper limit of the amount of punishment for the first concurrent crime of KRW 1/3 (the fine of KRW 1,66,666) of the upper limit of the amount of punishment for the second concurrent crimes of KRW 1,50].

[Determination of Sentence] Each Fines 1,500,000

The Defendants appears to have made efforts to resolve regional pending issues, etc. in the course of performing their duties as the Speaker, Vice-Speaker, or Chairperson for about two years after being elected from the fifth election as a member of the Gu Council. Each contribution act of this case was not carried out in the sixth election, but was not carried out in the manner of cash payment, and Defendant 1, Defendant 3 were first offenders, and Defendant 2 and Defendant 4 did not have any record of criminal punishment for the same crime, etc. may be considered as favorable to the Defendants.

However, the Public Official Election Act strictly prohibits a contribution act in order to prevent excessive and mixed elections due to the influence of the right of prohibition, notwithstanding the name and form thereof, and the contribution act related to the election is likely to impair the fairness and transparency of the election and to interfere with the free decision-making of the voters by making the result decided by the financial power rather than the policy or knowledge of the candidate in the election. Even if the contribution act of this case was made in the form of a simple meeting with the public officials in the constituency through the procedures for the execution of the official business promotion expenses, compared with the Defendants’ respective contribution act in the form of a meeting with the public officials in the constituency, it is necessary to take into account the following factors: (a) in comparison with the Defendants’ failure to receive separate business promotion expenses because they are not active duty members or are not in the position of the Speaker, Vice-Speaker, or Chairperson, even if they are active duty members, it may be deemed that there is a considerable concern for the Defendants to use them by means of improving their external images or inducing support in the future election; and (b) the contribution act of this case continues to be held for about 20 months.

In addition, taking into account all the circumstances such as the age, character and conduct, environment, the background, frequency, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence to be imposed on Defendant 1, Defendant 2, and Defendant 3, as indicated in the instant argument, shall be determined and sentenced as the order, and the punishment to be imposed on Defendant 4, which restricts the right to participate in official duties, shall be imposed.

[Attachment]

Judges Shin Jin-heat (Presiding Judge)