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(영문) 광주지방법원 순천지원 2014.10.16 2014고합189
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

On June 4, 2014, the defendant was a member of the E candidate who was elected as C/Gun in the 6th nationwide local election.

At around 16:30 on May 30, 2014 (the advance polling date of the above election), the Defendant: (a) served as one’s own passenger car from the Namnam F to G where advance polling stations are installed ( approximately 4.1km), and (b) claimed support for E candidates, provided approximately 6,380 won of transportation charges, claiming support for E candidates; (c) around 17:02 on the same day, the Defendant provided K, L, and M with the above passenger car from JJ to G ( approximately 6.2km) and claimed support for E candidates, and provided approximately 9,880 won of transportation charges.

As a result, the Defendant provided six voters with a profit of KRW 16,260,00 in total transportation charges for E in relation to the election.

Summary of Evidence

Defendant’s legal statement

The reason for sentencing of Article 70(1) and Article 69(2) of the Criminal Procedure Act for the custody of a police officer's protocol of statement of N, K, L, M,O, and H (in the case of submission of N-ray photographs, attachment of E-name photographs, distance in which a suspect provided transportation facilities by a suspect A, and taxi expenses) is applicable to the criminal facts subject to the relevant law, and the reason for sentencing of Article 257(1)1 and Article 115 of the Public Official Election Act for the selection of punishment (in general, selection of fines) of the Criminal Act for the custody of a police officer's station.

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. Scope of recommendations on the sentencing guidelines: Violation of the prohibition and restriction on contribution act, violation of the restriction and restriction on contribution act, violation of first category (special-purpose person): Where a person is imminent on the election day, the element of mitigation: Where money or other valuables or benefits provided are extremely insignificant [the scope of recommendations and decisions on the recommendation field, and the scope of recommendations], the basic area of a fine of one million to five million won.

3. Determination of sentence of a fine: The Public Official Election Act strictly limits contributions made for candidates in connection with elections so that elections can be held fairly in accordance with the free will of the people and democratic procedures;

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