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(영문) 인천지방법원 2014.10.17 2014고합639
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who was elected by the National Assembly member of the 6th local election of the 6th local council member as a candidate for the F Party of the E-election district of the 6th local council member.

A local council member or candidate (including a person who intends to become a candidate) shall not make a contribution to a person in the constituency concerned, or a person who is residing outside the constituency concerned but has relations with the electorate.

On February 26, 2014, the Defendant held a publishing commemorative meeting at H Facility Management Corporation located in G.

However, the above Facility Management Corporation is an institution that operates and manages a facility, etc. located in H, including E, which is the election district scheduled to run by the defendant, and its employees are related to the electorate even if they are not electorates.

Nevertheless, the Defendant, at around 11:00 on February 27, 2014, at the management support team office of H Facility Management Foundation, reported that there are six employees, such as I, such as I, at the same time, and distributed the book seven books (15,000 won per right market price) of the Defendant’s letter of “J” (15,000 won per right market price) remaining after being sold at the publishing commemorative meeting on the preceding day.

Accordingly, the defendant distributed 7 books equivalent to the total amount of 105,000 won to 6 personnel of the management support team of H Facility Management Foundation, who are electorates or is related to electorates.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about I, K, and L;

1. Written statements at each police station of M, N, andO;

1. The application of Acts and subordinate statutes to each investigation report (the adjustment of the volume of contribution books, Ordinance on the Establishment of the H Facility Management Corporation and the articles of incorporation);

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment by law: Fine not exceeding 10 million won;

2. The sentencing criteria are set;

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