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(영문) 광주지방법원 목포지원 2018.08.09 2018고합47
공직선거법위반
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall make, or have another make contributions to, a candidate (including a person who intends to become a candidate) or political party to which he belongs in connection with an election.

On August 23, 2017, the Defendant was in place in the G Women’s Senior Center located in South F, around 13:36 August 23, 2017, for D intended to go to a candidate for C head of C/Gun in the 7th local election and for E party to which he belongs.

H 10,000 won was paid in total by 110,000 won for each party membership fee upon requesting the preparation of application for admission by local party members of E and 10 others.

Accordingly, the defendant made a contribution in relation to C/Gun election during the 7th local election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement made by the police against I, H, J, K, L, M, N, P, Q, R, T, or U;

1. Each police statement protocol concerning V (including the part concerning the defendant's statement);

1. Reports on internal investigation (related to securing 11 persons who receive money from a person suspected of being suspected), reports on internal investigation (related to the date and time of committing a crime), and reports on internal investigation (Submission of preparatory records of a witness);

1. Currency details (not more than 295-1 of investigation records);

1. Application of the statutes governing specific photographs and video CDs during the time of crime;

1. Article 257 of the Act on the Election of Public Officials and Articles 257 (1) 1 and 115 of the Act on the Election of Public Officials in Charge of Criminal Facts (a comprehensive selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of punishment: Fines of 50,000 to 10 million won; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions], violation of restrictions on prohibition of contributions, violation of Class 1 (Contribution Act) [person with special sentencing] mitigated elements - Where money, valuables or benefits provided are extremely minor [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] mitigated area of KRW 500,000 or KRW 3 million;

3. In the 7th simultaneous local elections, the Defendant rendered a contribution act giving a total of KRW 110,000 to 11 local residents for D who wish to participate in the election as C head candidate and for E party to which he belongs.

The above crimes committed by the Defendant are committed.

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