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(영문) 수원지방법원 2014.11.06 2014고합528

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 21, 2014, the Defendant: (a) registered as a preliminary candidate in the D market of the C Party; (b) provided a person in the relevant constituency or a person having relations with the electorates even if outside of the relevant constituency, and (c) provided a restaurant business G with a restaurant business proprietor at the “F” restaurant located at early February 2, 2014, with KRW 15,000 for the Defendant’s letter of “H” and KRW 20,000 for cash value under the pretext of cash value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to the list of seized articles, the list of seized articles, the records of seizure and the list of seized articles;

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The scope of punishment: A fine not exceeding 10 million won;

2. Where money and other valuables or benefits provided in the basic area (one million won to five million won) (special mitigation) of the basic area (one million won to five million won) by the head of a Si/Gun/Gu, in violation of the prohibition and restriction on contribution acts according to the sentencing guidelines for sentencing guidelines, are extremely insignificant / A crime committed by a candidate, a spouse of the candidate, a lineal ascendant or descendant, or a person related to election;

3. In light of the fact that a contribution act in relation to an election for decision-making is likely to undermine the fairness and transparency of the election and to impede the rational decision-making of the voters, and that the Public Official Election Act strictly prohibits the contribution act irrespective of its name or form, the accused’s liability for the crime is not less than that of the obligor;

However, the amount of money and valuables provided by the defendant to make contributions is relatively small to 35,00 won in total, and the defendant registered as a preliminary candidate for the D market election but excluded from the competition, thereby resulting in the defendant's contribution act, which has almost no effect on the election.