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(영문) 부산지방법원 2014.12.19.선고 2014고합722 판결

공직선거법위반

Cases

2014Gohap722 Violation of the Public Official Election Act

Defendant

A

Prosecutor

He/she has received a decoration (prosecution) and a leapment (public trial)

Defense Counsel

Attorney B

Imposition of Judgment

December 19, 2014

Text

Defendant shall be punished by a fine of KRW 2,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

No one shall make contributions for a candidate (including a person who intends to become a candidate) in connection with an election.

Nevertheless, the Defendant, as the president of the Volunteers branch of the Jung-gu Busan Metropolitan City, which was implemented on June 4, 2014, provided D with a preliminary candidate registered in the election of the head of Jung-gu Busan Metropolitan City, which was conducted on April 21, 2014. From around 18:30 to 19:41, the Defendant gathered 20 electorates, including G, H, I, J, K, L, etc., a member of the Busan Jung-gu branch of the Gu in Busan Jung-gu from Apr. 21, 2014 to around 19:4. The Defendant provided 341,500 won meals for preliminary candidate D while having M, a spouse of preliminary candidate D, complained of support for the name of preliminary candidate D. Accordingly, the Defendant provided a contribution act for D in order to be a candidate.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning M and N;

1. Each police statement of 0 (alias), I, P, J, G, H, K, and L;

1. The response to the details of the use of a scC card, the credit card transaction inquiry (Fcafeteria), the details of the cash receipt transaction (Fcafeteria) 1. Each report on internal investigation (in relation to the date of registration of D preliminary candidates, attachment of A and DM telephone details) and each investigation report (in relation to attachment of a list of female members in the middle-gu Busan Metropolitan City, attachment of suspect cell phone text details, and attachment of CD as a result of digital

Application of Statutes

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

Public Official Election Act § 257(1)1 and Article 115(generally, selection of fines)

1. Detention in a workhouse;

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

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of punishment] 50,000 won to 10,000,000 won

[Determination of Punishment] Election Offense, Violation of Prohibition and Restriction on Contribution Act, Type 1 (Contribution Act)

[Special Sentencing] Where money, valuables or benefits provided are extremely minor (requirements for Mitigation)

[General Convicted Persons] Voluntary Maternity (Mitigations)

[Scope of Recommendation] Fines of 500,000 to 3,000,000 (Mitigation)

[Pronouncement Decision] The crime of this case in KRW 2,00,000 was committed by the Defendant by providing foods to 20 electors, including the members of a service organization to which the Defendant belongs, in order to induce the electors to support the preliminary candidate D. Considering that the act of contribution 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, the Defendant’s criminal liability is not easy.

However, the defendant shows his wrongness, the value of food provided by the defendant is relatively large, the defendant's act does not seem to have a significant impact on the election, the defendant has no record of criminal punishment for the same kind of crime, and other sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by the sentence in consideration of all the sentencing conditions specified in the arguments of this case.

Judges

The new judge, new judge and new judge

Judge To call

Judges Il-il