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(영문) 대구지방법원서부지원 2020.09.10 2020고합178
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person intending to become a candidate), and his/her spouse shall not make a contribution (including making a contribution at a wedding) to a person in the relevant constituency, institution, organization, or facility, or a person, institution, organization, or facility having relations with the electorate even if it is outside the relevant constituency, or an institution, organization

In addition, no person shall make contributions for a candidate with respect to an election.

The defendant is a spouse of B/C, a head of local government, and a person who conducts an election campaign from April 2, 2020 to April 4, 2020 for the F (Party) who was going to be a candidate in the D constituency for the 21st National Assembly member election conducted on April 15, 2020.

At around 13:00 on April 4, 2020, the Defendant completed an election campaign with 13 persons (I, J, K, L, M, N,O, P, Q, R, T, and U) attending the speech or interview at the place of disclosure of the above F candidate (I, J, K, L, M, N, P, Q, R, T, and U), and paid 65,000 won for each of the above 13 persons (5,00 won per person).

Accordingly, the defendant, who is the spouse of the head of a local government, made a contribution to the person in the election district concerned and made a contribution for F in relation to the election.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s legal statement J and N’s written accusation of each police station;

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act (referring to the act of contribution by a third party) concerning criminal facts, Article 257 (1) 1 and Article 115 of the Public Official Election Act (referring to the act of contribution by a third party);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the violation of the Public Official Election Act due to any act of contribution heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

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

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

1. Scope of applicable sentences under law: Fines of 50,000 to 10,000 won.

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