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(영문) 광주지방법원 목포지원 2014.11.27 2014고합165
공직선거법위반
Text

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.

Reasons

Punishment of the crime

The Defendant is a person who runs a scambling source with the trade name “D” in Youngnam-gun C, a person who was engaged in an election campaign for the use of a candidate E for the fambs in the 6th nationwide local election conducted on June 4, 2014.

On May 28, 2014, the Defendant provided a contribution act by providing KRW 500,000 in cash to H for the 6th nationwide local election cancer candidate E at the H’s house, the head of the Young-gun District Branch of G organization, which is the head of the Young-nam District Office, located in the Youngnam-gun F. The Defendant provided a contribution act by providing KRW 500,000 in cash to the members of the G organization.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of statutes on records of seizure and the list of seizure of June 1, 2014

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for a suspended sentence);

1. Reasons for sentencing under Article 257 (4) of the Public Official Election Act;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. A person who has been specially under the application of the sentencing criteria (the decision of type) for an act of contribution in violation of prohibition of and restriction on the act of contribution to election crimes: Imprisonment for 8 months to 2 years; and

3. Determination of sentence: A two-year Public Official Election Act, a stay of imprisonment for eight months, provides that elections are held fairly in accordance with the free will of the people and democratic procedures, and strictly limits contributions in order to prevent illegal elections;

The crime of this case is very poor in that the defendant provided 500,000 won in cash to the head of the Young-gun Branch Office of G organization for the election day of E, and that it damages the purpose of legislation of the Public Official Election Act.

However, if it comes to this law, it is favorable to the confession and reflect his mistake, and to the first offender who has no record of criminal punishment.

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