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(영문) 창원지방법원 마산지원 2018.11.16 2018고합54
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the president of a “D” gathering, a gathering of people who live in a orchard in C, in a village.

On February 1, 2018, the Defendant invited members of DD groups, which are citizens of the constituency E, to provide meals to them. On June 13, 2018, the 7th regular local election of head of the Gun nationwide, which was implemented on June 13, 2018 at the same meal place, the Defendant was willing to visit the press conference on January 23, 2018, and the Defendant received the F Party’s contribution on April 1, 2018, and had the G (M) registered as a candidate for the reserve candidate, who was willing to have the said members personnel.

On February 13, 2018, no one is allowed to make a contribution on behalf of a candidate with respect to an election, the Defendant provided six members of the same constituency, including K, who are residents of the E constituency residing in D gathering interestJ at a restaurant, and provided him/her with a pupper of 1.20,00 won of meal costs at the above meal place.

As a result, the defendant made a contribution act to the residents in the constituency for those who want to be the candidate for the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol related to L, M, N,O, P, and G;

1. A written accusation;

1. The application of Acts and subordinate statutes on mobile phone conversations between G and A, reports on results of digital evidence analysis, CCTV images, copies of name cards, pictures of each mobile phone, screen pictures of CCTV images on the surface of calculating the limit of the available value of each mobile phone, screen pictures of mobile phone text messages, and I restaurant account sheets;

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

2. The scope of the recommended punishment for the sentencing criteria [the scope of the recommended punishment] shall be in violation of the prohibition of and restriction on the act of contribution in the first category (contribution).

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