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(영문) 대구지방법원 2014.04.04 2014고합89
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

The defendant is a person who intends to become a candidate for a City/Do council member in the sixth-party local election scheduled to be held on June 4, 2014, and a person who intends to be a candidate, who intends to be a candidate, shall not make a contribution to a person in the constituency concerned or a person who has relations with the electorate even if he/she is located outside the constituency concerned.

Nevertheless, at around 12:00 on November 3, 2013, the Defendant attended the marriage ceremony for children of the head of Youngcheon-gu Eth of Youngcheon-gu Ethmbro, Youngcheon-gu, Seoul, and provided 50,000 won for congratulations, and made contributions over four occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each certification of F, G, H, and I;

1. A bag of each stable and a copy of the ledger of livestock pens;

1. A written public notice of additional evidentiary data in accordance with the accusation (A);

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying document);

1. Articles 257 (1) 1 and 113 (1) of the Public Official Election Act concerning facts constituting an offense;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Public Official Election Act due to a contribution act entered in Table 4 of the date of the most serious crime);

1. Reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse [the scope of punishment] / [the decision of a punishment / [the decision of a punishment ] election, violation of the prohibition and restriction on contribution act, contribution act [special-sponsor] mitigated element: In a case where money and valuables provided or profits are extremely minor [the scope of a recommendation field] mitigated element / [the scope of a recommendation field] 50,000 won to 3 million won [the general-sponsor] mitigated element: there is no strong reflect or criminal punishment [the decision of a sentence 500,000 won [the decision of a punishment ] The restriction on contribution under the Public Official Election Act is aimed at ensuring the fairness of election by preventing an election of the right, so it is necessary to do so even if the contribution is provided as a usual name such as a marriage festival, etc., but the defendant

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