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(영문) 광주지방법원 순천지원 2019.03.28 2018고합261
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a volunteer of C of the candidate C of Dong-si Local Election Gun nationwide, which was implemented on June 13, 2018.

No person shall provide any money, goods, vehicle, horse, horse, entertainment, other economic benefits, or a public or private job to any elector for the purpose of getting him/her elected.

Nevertheless, on June 1, 2018, the Defendant provided the electors with goods equivalent to KRW 28,00,000, total market price of KRW 28,000, in total, for the purpose of getting elected C from June 1, 2018 to June 10, 2018, by stating that the Defendant would assist C to the electors residing in the said constituency, and providing F with a total of KRW 10,000,000, the market price of which is equivalent to KRW 500,000 (VG220) and the market price, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, I, J, K, L, F, M, and N;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (to hear a telephone statement from a receiver of a ice forest);

1. Relevant provisions concerning facts constituting an offense and Article 230 (1) 1 of the Public Official Election Act (Selection of Fines);

1. From among concurrent crimes, the punishment for concurrent crimes stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment stipulated in the Public Official Election Act No. 2 No. 5009, the largest number of offenses)

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The scope of punishment by law: Fines of 50,000 to 45 million won; and

2. Scope of recommendations according to the sentencing guidelines [Determination of types]. Purchase of and guidance for understanding on election crimes [Type 2] General Purchase [Special Sentencing] - Where money and valuables or benefits given or received are extremely minor, an aggravated factor - Where money and valuables or benefits given or received are extremely minor, the recommended sphere and recommendations shall be the range of recommendations and recommendations in cases where they are committed repeatedly against, or over a considerable period of time;

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