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(영문) 광주지방법원 목포지원 2018.07.13 2018고합37

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was elected to D Gun Council members at the 6th simultaneous local elections conducted on June 4, 2014, and the Defendant was willing to become a candidate for D Gun Council members (E-elections) at the 7th simultaneous local elections scheduled on June 13, 2018.

A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person who intends to become a candidate) and his/her spouse shall not make a contribution (including a act of marriage drinking) to persons in the relevant constituency, institutions, organizations, facilities, or any other persons having relations with a resident in the relevant constituency even though they are outside of the relevant Gu, or institutions, organizations, or facilities.

Nevertheless, at around 14:00 on November 24, 2017, the Defendant paid KRW 300,000 of the meal expenses for members of the “I” located in the Republic of Korea, on behalf of the Gun in accordance with the Rules on the Enforcement of the Local Government Affairs Act, even though he/she was unable to provide money and valuables and meals for encouragement on behalf of the Gun, a representative player or Gun resident, etc., who participated in the Olympic Games, the national physical field, etc., on behalf of the Gun, but was unable to provide money and valuables and meals, in violation of the above enforcement rules.

Accordingly, the defendant, even though he is a local council member or candidate, made a contribution to the electoral district residents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution against J;

1. Each police statement with respect to K and L;

1. Application of Acts and subordinate statutes on cards slips and the details of use of business promotion expenses;

1. Article 257 (1) 1 and Article 113 (1) of the Act on the Election of Public Officials and the Selection of Fines concerning facts constituting an offense, and Articles 257 (1) 1 and 113 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the scope of the punishment] violation of the prohibition and restriction on the act of contribution shall be limited to the area of mitigation (5 million won to three million won) [the person subject to special mitigation] Article 112(2) of the Public Election Act.