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(영문) 창원지방법원 거창지원 2016.07.04 2016고합11
공직선거법위반
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is a person who is in charge of the general affairs of the “B Mountain Association”, C is a preliminary candidate for a re-election held on April 13, 2016, and the Defendant and C are members of the “F organization”, a meeting of graduates of elementary schools in 1972.

No one shall make contributions for a candidate or a person who intends to become a candidate in connection with an election.

Nevertheless, on February 12, 2016, at H cafeteria located in Gyeongnam G around 19:00 on February 12, 2016, the Defendant: (a) prepared a meal space with 12 residents in the constituency under the pretext of a meeting of the mountain conference; (b) participated in C; (c) distributed name cards to C; and (d) provided approximately 2.10,00 won food to 12 residents in the said constituency.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to I, J, K, C, L, M, and N;

1. Application of each statute of confirmation forO, P, Q, R, S, and T sheet;

1. Article 257 (1) 1 and Article 115 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. Application of the sentencing criteria [type determination] : Where a group of election crimes, violation of restriction on prohibition of contribution acts, violation of restriction on contribution acts, contribution acts (type 1) (special sentencing person] provided or interests are extremely insignificant (the area of recommendation and the scope of punishment), mitigation area, fine of KRW 50,000 to KRW 3 million.

3. Determination of sentence: A contribution act related to a fine of one million won should depend on the result of the election rather than the candidate's policy or knowledge in the election. Therefore, there is a need to strictly punish the contribution act in order to impair the fairness and transparency of the election and to interfere with the free decision-making of the voters.

However, it is that the defendant is the first offender and has been provided to the voters.

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