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(영문) 전주지방법원 2008.3.4.선고 2008고합10 판결

공직선거법위반

Cases

208Gohap10 Violation of the Public Official Election Act

Defendant

00, Self-employed

Prosecutor

Salycera

Imposition of Judgment

March 4, 2008

Text

Defendant shall be punished by a fine of 3,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Criminal History Office

On May 31, 2006, the Defendant was a constructor who was a candidate for a head of a Si/Gun throughout the 4th nationwide local election, which was implemented on May 31, 2006.

1. On July 5, 2007, the Defendant was sentenced to five years of imprisonment with prison labor for a specific crime (Bribery) at the Jeonju District Court on July 1, 2007, and sentenced the dismissal of the appeal by the Gwangju High Court on October 12, 2007, and the special election for the head of the 5th city/Si/Gun, which was scheduled in 2010 after the special election, has the intention to run for the head of the 5th city/Si/Gun. A person wishing to be a candidate cannot make a contribution act to a person located in the relevant constituency, and even if he was not allowed to do so before the election campaign period, he was allowed to make a contribution act for the purpose of providing it to the residents in the Do/Si/Gun, who were located in the Do/Si/Gun, for the purpose of providing it to him before the election campaign period, and provided Do/Do 392 boxes and Do 8,45,000 won and the remainder of the 2000 Do 27.

2. In addition, as seen above, the Defendant introduced itself as “00 that was sent to the head of the Si/Gun in the year’s year,” and divided the Defendant’s opinions on pending issues in the Gun, and carried out an election campaign prior to the election campaign period by providing the residents with gambling and gambling.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of B, C, and B B, and B, and B;

1. Each statement;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 257(1)1, 113(1) and 254(3) of the Public Official Election Act (the point of contribution), and each fine shall be elected.

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that punishment is aggravated and the total amount of both crimes is aggregated with the violation of the Public Official Election Act due to a heavier contribution act)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Although there is a considerable interval from the special election day expected to be the date of the crime in this case or from the 5th local election day of Dong-si, the defendant, while making a tour of most mother and community hall in the Gun of Si-Gun, provided 392 winners and 8 boxes for unspecified Gun residents, etc., in light of the method and scale of the contribution act, it is inevitable to sentence the defendant to a punishment that restricts his right to take public office for a certain period.

In addition, in consideration of various factors that serve as the basis for sentencing, such as the age, character and conduct, environment, and the background of the instant crime, the sentence identical to the order shall be imposed.

Judges

Freeboard of the presiding judge and judge

Judges Kim Gin-han

Judges Lee Jong-sung