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(영문) 전주지방법원 2014.07.17 2014고합115
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

The defendant, on June 4, 2014, is a person who wishes to be a candidate for the constituency C of a Gun council member without a nationwide local election, a National Assembly member, a local council member, the head of a local government, the representative of a political party, a person who intends to be a candidate or a candidate, and his/her spouse, shall not make a contribution to a person, institution, organization, facility in the constituency concerned, or any institution, organization, or facility located outside the constituency concerned, even if such person, organization, or

Nevertheless, at around 18:30 on March 5, 2014, the Defendant provided 10 electors such as F, G, H, etc. with meals of up to 245,00 won per head, such as D, and foods of up to 18,840 won per head, such as rice, etc., with meals of up to 18,840 won, and contributed to the electorate and a person who is related with the electorate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, K, L, M, F, G, H, N, andO;

1. Printed materials;

1. Application of Acts and subordinate statutes to the register of persons attending a candidate guidance presentation session;

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

1. Articles 70 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 applicable sentences by law: Fines of 50,000 to 10 million won; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] group of election crimes, violation of prohibition and restriction on contribution acts, and types of contribution acts (special-contributative persons): Where money and valuables provided or benefits are extremely minor (the scope of recommending punishment): 500,000 won to three million won.

3. Determination of sentence: The crime of this case by a fine of 80,000 won is to be made by a person who wishes to be a candidate for the constituency of a non-Gun council member by providing meals at a restaurant to the persons who reside in the constituency concerned in violation of the provisions of restrictions on contribution acts as prescribed by the Public Official Election Act, and this shall apply.

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