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(영문) 대구지방법원 서부지원 2016.11.03 2016고합162
공직선거법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the chief of the election campaign liaison office of AD for the 20th National Assembly member who was implemented on April 13, 2016, and Defendant B is the chief of the election campaign liaison office of AB.

Except for the cases where allowances, actual expenses, and other benefits are provided under the provisions of the Act, no one shall offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with the election campaign, or instruct, recommend, mediate, demand or receive any money, goods, or other benefits.

Nevertheless, the Defendants conspired to provide M with KRW 78,00,00 for a biffed price at around 14:00 on April 16, 2016 at the election campaign liaison office located in North AE and the second floor at around 14:0 on April 16, 2016, and registered as from March 31, 2016, as described in the attached list of crimes.

4. To 23 election campaign workers up to December 12, 200, the sum of KRW 1,794,000 in total, and KRW 1,280,00 in total, or KRW 180,00 in total, under the pretext of oil value, were provided to 6 election campaign workers who operated vehicles, such as J, respectively, for 78,794,000 in total, and KRW 1,280,00 in total, under the pretext of oil value.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement on AF, AG, E, and F;

1. Each statement of AH, L, M, N, G, H, I, J, P, V, U, T, S, R, Q, Q, Y, Z, and X;

1. A written answer to AI;

1. Each protocol of seizure;

1. A report on the appointment of an election campaign worker, a report on appointment of the chief of the election campaign liaison office;

1. Application of Acts and subordinate statutes to investigative reports (report on the confirmation of suspects and details of financial transactions);

1. Relevant Articles and 230 (1) 4, and 135 (3) of the Public Official Election Act and Article 30 of the Criminal Act (generally and collectively, choice of imprisonment);

1. Defendants under a suspended sentence: Article 62(1) of the Criminal Act (hereinafter “the grounds for a suspended sentence”), each of the favorable circumstances

1. Defendant A: Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. From one month to five years of imprisonment with prison labor for the applicable range;

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