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(영문) 울산지방법원 2020.12.11 2020고합264
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

B In the election of National Assembly members of the 21st National Assembly, a person who is going to be a candidate for the D Party in the Ulsan Metropolitan City C District and is elected, and the defendant is the spouse B.

A candidate for a National Assembly member (including a person who intends to become a candidate) and his/her spouse shall not make a contribution to a person in the constituency concerned or a person having relations with the electorate even though he/she is located outside the constituency concerned.

Nevertheless, at around 14:00 on January 11, 2020, the Defendant held a “B Publication Commemorative Meeting” in the second floor of the Cgu Office in Ulsan E, and held the event site at the event site at the event site at the event site at the event site at the 8th level equivalent to the market price of 176,000 won, but the Defendant kept the 8th unit on the table, the 85,000 won of the market price and the 85,000 won on the table, and provided them to the electorates and persons attending the event at the event.

Accordingly, the defendant made a contribution amounting to the total amount of 261,000 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the witness F in the court;

1. The prosecutor's statement concerning G;

1. Each letter of answer to H and B;

1. Written accusation by C Election Commission;

1. Each photograph, CCTV analysis data, each investigation report, and the application of statutes;

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

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

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

1. Scope of punishment by law: Fines of 50,000 to 10 million won;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Violation of prohibition and restriction on contribution acts [Class 1]. Where money and other valuables provided or benefits are extremely minor, the elements of mitigation / Where money and other valuables provided or benefits are extremely minor: A candidate, his/her spouse or lineal ascendant and descendant, or person related to election [the scope of recommending area and recommendation] basic area, fine of one million won to five million won.

3. Determination of sentence: The free of the right holder for contribution of a fine of 1,500,000 won;

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