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(영문) 청주지방법원 제천지원 2016.11.10 2016고합35
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

In the 20th election of National Assembly members, the defendant left to the D party preliminary candidate in the C constituency, and has come to the E and elementary school friendlyly.

Notwithstanding the fact that anyone is unable to make a contribution on behalf of a candidate, etc. with respect to an election, the defendant was recommended by E on March 30, 2015 and participated in an open meal at G cafeteria located in F.

The above meal place was prepared to introduce E to the J and local residents who had been the former H election campaign manager, and the Defendant heard the words to the effect that it would be different from the participants of E who had divided election-related conversations with the participants, and offered 3 persons such as L, etc. with 15,00 won and 142,00 won for meal expenses of E and 7 other than the Defendant (10,40 won for provision).

As a result, the defendant provided meals and writing to the electorates for E in the 20th election for the National Assembly member in the election for the 20th National Assembly member.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against L, M, N,O, P, Q, R, S, T, U, and E;

1. Investigation report (a document attached to the E, such as the sign of self-written sign, etc., and confirmation of the holder of a title of settlement of meal costs) and each accompanying material

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same 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. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. The scope of recommendations on the sentencing guidelines [the types of decisions] shall be limited to a violation of the prohibition and restriction on contribution acts, where money and valuables provided under the first type (contributions) (special-purposes) or benefits are extremely insignificant [the scope of recommendations] 50,000 won or more.

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