A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

Defendant

6. The head of a National Assembly member, local council member, head of a local government, representative of a political party, candidate and his/her spouse shall not make contributions to persons, etc. in the constituency concerned;

Nevertheless, at around 07:00 on June 3, 2014, the Defendant found E, a resident in the constituency located in Janananananan-gun, Jan-gun, which is a resident of the constituency located in Jan-gun, and made a contribution act to the electorate by inserting a cash of 50,000 won into the main machine specified in E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The list of seized articles;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act governing criminal facts and Article 257 (1) 1 of the Act on the Election of Public Officials;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] group of election crimes, violation of prohibition and restriction on contribution acts, type (special-purpose person] increased factors: Where a candidate is stuffed on the election day, the candidate's crime [Scope of recommending punishment] special aggravation area: Imprisonment with prison labor for up to 8 months and 3 years.

3. Determination of sentence: In light of the fact that the donation related to the election for eight months or more of imprisonment with prison labor is likely to undermine the fairness and transparency of the election and to impede the rational choice of the voters, the Public Official Election Act strictly prohibits the act of donation despite its name or form, the criminal liability of the accused is not minor, but the criminal liability of the accused is relatively minor, the money and valuables provided are relatively minor, the first offender who has no criminal record, and the accused is elected.