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(영문) 청주지방법원 충주지원 2016.10.17 2016고합52
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may provide money, valuables, or other benefits in connection with an election campaign, regardless of the pretext, such as allowances, actual expenses, or other compensation for volunteer services, as a member of E sent to the 20th general election general election Seoul constituency, except where allowances, actual expenses, or other benefits are provided pursuant to the Public Official Election Act.

Nevertheless, on April 1, 2016, the Defendant provided KRW 370,000,00 in a candidate office for the E member of the National Assembly located in the Chungcheongbuk-gu F for 37 election campaign workers under the name of a chief trial for 37 election campaign workers, and provided KRW 282,00,000 in total, for the purpose of a chief trial for election campaign workers directly or through G, as indicated in the list of crimes.

Accordingly, the defendant provided money in relation to the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning H, I, J, K, and L;

1. Each statement of M, N,O, and P;

1. Investigation report (Report on analysis of results of support with DNA investigations);

1. Application of Acts and subordinate statutes, such as the ledger of persons engaged in election affairs, photographs of mobile phone text messages, and details of account transactions;

1. Relevant Article of the relevant Act and Articles 230 (1) 4 and 135 (3) of the Public Official Election Act (generally, and choice of imprisonment) concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Reduction elements of types 2 (General Purchase, and Purchase related to Recommendation of Candidates) (Specially Convicted Persons): Where minor money, goods, etc. are provided or received for compensation for actual expenses, consolation money, etc. for election campaigns at a cost or exorculation level, aggravating factors: A crime committed repeatedly against an unspecified or large number of other parties or repeatedly over a considerable period;

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