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(영문) 의정부지방법원 고양지원 2018.11.27 2018고합227
공직선거법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the Chief Vice-Chairperson of the Council for Party Members C (hereinafter referred to as the “Council for Party Members”).

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

Nevertheless, on February 13, 2018, the Defendant is going to run as a candidate for the election of the 7 simultaneous local elections E market nationwide, which was implemented on June 13, 2018 by D, the chairman of the Council of Party Members of this case, around February 13, 2018.

After the official departure declaration, such as holding a press conference, was made on February 28, 2018, D at the “G” restaurant located in F on February 28, 2018, where 20 persons on duty, such as D, members of the Council on Party Members of this case including D, attend and provide meals, and introduce D “after the end of the time, and the after end of the time the call is extremely high.”

The E market can take place in the E market, so that these decentralization differs from each other," and the E market is formed with good help and bbbbbling.

The statement "," etc. was made, and the full amount of 618,000 won for meals after meals was paid by the credit card of the defendant.

As a result, the defendant made a contribution to the election for D in order to be a candidate.

Summary of Evidence

1. Statement by the defendant in court;

1. The name influor (Evidence No. 6 No. 5), H, I, J, K, L, M, N, P, Q, Q, R, S, T, U,V, X, Y, Z, each police statement with respect to D;

1. The application of Acts and subordinate statutes on internal investigation reports (the attachment of a card receipt) and receipts attached thereto;

1. Article 257 (1) 1 and 115 of the Act on the Election of Public Officials and the Selection of Fines for Criminal Facts;

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. The scope of punishment: A fine not exceeding 10 million won;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the punishment] shall be limited to one million won but not more than five million won (the basic area], in violation of the prohibition of and restriction on contribution to an election.

3. Sentence;

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