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(영문) 광주지방법원 2014.11.28 2014고합501

공직선거법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 4, 2014, the defendant was born to C/Gun candidates in the 6th nationwide local election, which was implemented on June 4, 2014.

A candidate (including a person intending to become a candidate) shall not make a contribution to a person, institution, organization, or facility in the constituency concerned, or a person, institution, organization, or facility having relations with the electorate, even if such person is outside the constituency concerned, and no person shall request the candidate to make a contribution.

Nevertheless, at around 20:00 on March 28, 2014, the Defendant met the H registered as the prospective candidate for the C/Gun on March 25, 2014, and “If the Defendant’s election is held in the Gun of the Republic of Korea, it shall be deemed that the J Hospital, which was operated by the C/Gun, entrusted a medical corporation I to a medical corporation I on May 25, 2014 on a five-year basis, terminated the entrustment contract. Since the amendment of the municipal ordinance, the Defendant changed the operation right in the year 2017, and changed the operation right of the mountain father and the specialized hospital to the effect that the Ministry of Health and Welfare would promote as a part of the medical support project in the area of the area of the state without a mountain village in the year 2015.” At the end of April, the Defendant demanded D to the effect that D would have the head of the Gun go in the Gun candidate.

Accordingly, the defendant demanded H to make a contribution act in the 6th nationwide local election.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a transcript;

1. Relevant provisions for criminal facts and Article 257 (2) of the Public Official Election Act concerning the selection of punishment;

1. Reasons for sentencing [the scope of applicable sentences] under Article 62(1)(the conditions favorable to the accused under the following) of the Criminal Act for the suspension of execution [the scope of applicable sentences] under Article 62(1) of the Criminal Act, and for a violation of prohibition of and restriction on contribution acts in relation to elections [the decision of a sentence] under Article 62(1)(the violation of the prohibition of and restriction on contribution acts - Where a person has expressed his/her intent, he/she shall be sentenced