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(영문) 대구지방법원 서부지원 2014.08.21 2014고합109
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant was punished by the 6th election of the members of the Do-Si local council, which was implemented on June 4, 2014, for the election of the Do-Si local council members of the Do-Si local council.

No person shall offer, or express an intention to offer, money, goods, motor vehicles, horses, entertainment, other economic benefits, or a public or private position to an elector for the purpose of having him/her cast a vote or not to cast a vote, or making another person elected or not to be elected.

Nevertheless, the Defendant, at around 10:00 on June 4, 2014, put up the elector F, the same G, and H such as I et al. into I et al. car and up to the J-Myeon Office located in the vicinity of the J polling station located at a distance of 2.4km from 2.4km.

Accordingly, the defendant provided three voters with financial benefits for transportation convenience for the purpose of making them cast a vote or winning the above D.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of F, G, H, L, and M;

1. Comprehensive vehicle tax contents, the next map-powered output, the candidate registration application, a passenger car photograph, the decision on the elected person, the electoral register; and

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant provisions concerning criminal facts and Article 230 (1) 1 of the Public Official Election Act (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. The scope of punishment by law: Fines not exceeding 30 million won;

2. Where the scope of the recommended sentence according to the sentencing guidelines (decision of a type), the group of election crimes, the inducement for purchase and understanding, the offer or acceptance of types 2 (Special Mitigation) (decision on the recommended area), or the money and valuables or benefits received are extremely minor (decision on the recommended area), the mitigated area [the scope of the recommended area] the mitigated area of a fine of one million to five million won, or the imprisonment of not less than one month and not more than ten months;

3. Determination of sentence: a fine of one million won; and

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