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(영문) 창원지방법원 거창지원 2014.09.04 2014고합20
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the CEFG in the election of the 6th Gohap-gun National Assembly members, which was held on June 4, 2014.

A candidate who has registered as a candidate for the election district shall not make a contribution act to a person in the constituency concerned or a person who has relations with the electorate even if he is outside the constituency concerned.

Nevertheless, at around 16:00 on May 28, 2014, the Defendant provided cash of KRW 100,000 to the electorate in the vicinity of the I community hall located in the Hocheon-gun, Gyeongcheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Written answers to J;

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. The main sentence of Article 257 (4) of the Public Official Election Act;

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 million won; and

2. The scope of recommendations on the sentencing criteria (the determination of types of recommendations) shall be limited in cases where money, goods or benefits provided under the first category (the person subject to special mitigation) (the decision on the recommended area) (the scope of recommendations), the mitigated area [the scope of fines] a fine of KRW 50,00 won to KRW 3 million (the general person subject to reduction): Crimes based on friendship relation, etc. with an opportunity;

3. Determination of sentence: The crime of this case by a fine of KRW 50,000 is provided to the electorates in cash in relation to the election of the 6th members of the National Assembly registered as a candidate by the defendant. The above election-related act of donation is likely to intervene in elections which should be fair in accordance with the free decision-making of the voters and distort the will of the right holder's free will, and thus, it is necessary to strictly punish the defendant in consideration of the fact that the above act of donation is strictly restricted in the Public Official Election Act.

However, the defendant.

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