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(영문) 수원지방법원 안산지원 2012.11.23 2012고합467
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant did not report as an election campaign worker at the election commission from March 28, 2012 to April 9, 2012, for the F candidate who left the luminous name from March 28, 2012 to April 19, 2012.

No one shall be provided with money, valuables, or other benefits in connection with an election campaign regardless of the pretext such as allowances, actual expenses, and compensation for volunteers, except where he/she is provided with allowances, actual expenses, or other benefits under the Public Official Election

Nevertheless, around April 16, 2012, the Defendant received 770,000 won in return for an election campaign from H, who was in charge of a volunteer director at the F candidate election office located in the third floor of G building in light of light life.

As a result, the defendant received money that is not permitted by the Public Official Election Act in relation to election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. A copy of the revision of the list of election campaigns, copy of the report on election campaign workers' attendance and inspection allowances, and copy of the election campaign worker management;

1. Investigation reports (report on filing of decisions with the I, etc. of suspects), application of a copy of decisions, and statutes;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: A fine not exceeding 10 million won;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] group of election crimes, group of purchase and inducement for understanding (general purchase, and purchase related to the recommendation of candidates for political parties): Where minor money, goods, etc. are provided or received in compensation for actual expenses for election campaign, or on a memorial basis (the scope of recommending punishment): A fine of one million won to five million won.

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