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(영문) 대구지방법원 2014.07.18 2014고합252
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 shall provide money, goods, transportation, entertainment, etc. to an elector, etc. for the purpose of having another person cast a vote, having another person cast a vote, not cast, elected, or making another person elected or not elected.

around 21:50 on May 23, 2014, the Defendant, as a candidate for the 6th local election c council member D constituency, provided 200,000 won in cash to G of the representative of occupants of F apartment houses, a electorate, who visited the election office of the Defendant on the 1st floor North E, who visited the election office of the Defendant on the 1st floor, at around 21:50.

Accordingly, the defendant provided money and valuables to the elector for the purpose of election.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning GH;

1. Guidebook;

1. Seizure records and accusation records;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Relevant Article 230 (1) 1 of the Public Official Election Act concerning criminal facts and Article 230 (1) 1 of the Act on the Selection of Penalties;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. Scope of recommendations according to the sentencing guidelines (Scope of recommendations) for purchase, inducement for settlement of accounts, and reduction area (one month to ten months for imprisonment) (special imprisonment): Where money, valuables, or benefits provided or received are insignificant - Where money, valuables, or benefits provided or received are insignificant, an aggravated factor: A previous conviction (including fines) for the same kind of crime;

3. Determination of sentence: Imprisonment with prison labor for 6 months and suspended sentence for 2 years, the Public Official Election Act strictly limits the provision of money and valuables related to election campaigns to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures and imposes penalties against violations thereof;

The purpose of this Act and the defendant committed the crime of this case, which provided money and goods to the elector for the purpose of election campaign during the election campaign period even though he had been sentenced to a suspended sentence of imprisonment due to the provision of money and goods.

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