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(영문) 인천지방법원 2012.10.17 2012고합1018
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person may offer or receive money, goods, or other benefits in connection with an election campaign regardless of the pretext, such as actual expenses, other compensation for volunteers, except in a case of providing actual expenses and other benefits pursuant to the Public Official Election Act.

Nevertheless, the Defendant, as carried out on April 11, 2012, assisted telephone public relations activities without being registered as an election campaign worker from April 5, 2012 to October 10 of the same month for the Do candidate who was going to the 14th election district of the 14th National Assembly member, which was carried out by the Defendant, without being registered as a election campaign worker from April 5, 201 to April 10 of the same month. On April 11, 2012, the Defendant received money and valuables in relation to the election campaign of the said candidate in the election campaign office of the said candidate in Seo-gu Incheon, Incheon, by receiving KRW 3.50,00 won in cash from the F, which caused the failure to report the election campaign of the said candidate,

Summary of Evidence

1. Defendant's legal statement;

1. Application of the suspect interrogation protocol on Defendant F to the prosecution

1. Article 230 (1) 6 and 4, and Article 135 (3) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 236 of the Public Official Election Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which strictly limits the act of receiving money and valuables in relation to election in order to ensure fair elections by free will of the people and democratic procedures, and the act of violating it is strictly punished. In relation to election campaigns for a specific candidate, the responsibility for the defendant who received money and valuables in violation of the Public Official Election Act is not easy.

However, a fine shall be imposed in consideration of the fact that the act of receiving money by the defendant includes the nature of compensation for actual expenses, the fact that the defendant is the first offender with no previous conviction as a family principal, and that the mistake is against the depth.

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