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(영문) 전주지방법원 2014.07.24 2014고합120

공직선거법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

1. On May 26, 2014, at around 20:40, the Defendant entered the house of G (tentative name) located in Kim Jong-si, the Defendant’s residence, Kim Jong-si, which is the Defendant’s village. On June 4, 2014, the Defendant laid down a bag containing two 50,000 won in cash, stating that “I is a Si Council candidate I” for I who was laid as a candidate for H in the 6th nationwide local election to be carried out on June 4, 2014.

2. At around 20:45 on the same day, the Defendant continuously posted bags containing the above I’s name and KRW 50,000,000 in J’s name and KRW 50,000.

3. At around 21:00 on the same day, the Defendant continued to find out the house of K (tentatively named) that is living in the same village as the Defendant, together with one person who was killed in name on the same day, and concluded that “Si Council member I had carried out an election campaign.” In addition, the Defendant was placed in the front of the house of the above K, with an envelope of 1 and 50,000 won in cash, and 50,000 won in cash and cash.

As a result, the defendant provided three electorates with 350,000 won and provided them with 350,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning K, G and J;

1. Seizure records;

1. The application of Acts and subordinate statutes to photographs (name cards, 50,000 won, three pages), and name cards (I).

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act concerning applicable Acts to facts constituting an offense and the selection of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed in the crime of violating the Public Official Election Act referred to in paragraph (3) of the same Article which

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for 7 years; and