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(영문) 수원지방법원 2016.08.18 2016고합374
공직선거법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants registered as preliminary candidates in the 20th National Assembly member's 20th National Assembly member, which was implemented on April 13, 2016.

On March 5, 2016, the Defendants provided 12 persons, such as E and election affairs, volunteers, etc., with alcohol and food after the opening of the E election campaign office in the “G cafeteria” located in the “G cafeteriaF” in the G 19:22 on March 5, 2016, and collected 200,000 won, thereby allowing H, an election secretary, to settle the meal cost of KRW 40,000.

As a result, the Defendants conspired to make a contribution to the E to be a candidate.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Written statements made by each prosecutor to the prosecution against I, H, J, K, L, and E;

1. Each written answer;

1. A written accusation;

1. Application of Acts and subordinate statutes to food table settlement, a list of participants;

1. Article 257 (1) 1 and Article 115 of the Election of Public Officials Act concerning facts constituting an offense, and Article 30 of the Criminal Act;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are applicable to the detention in the workhouses;

1. Where the scope of the recommended punishment for the sentencing guidelines is extremely minor [the scope of the recommended punishment] [the type] range of the punishment for election crimes, violation of the prohibition of and restriction on the contribution act, the money and goods provided for the type 1 (person subject to special mitigation] (the scope of the punishment for which recommendations are made], and the amount of a fine of not less than 50 thousand won but not more

2. In this case, the Defendants’ act of making an act of making an act of making an act of making an act of making an election on behalf of the prospective candidate, and the act of making an act of making an election depends on the outcome of the election according to the financial capacity rather than the policy or knowledge of the candidate, thereby impairing the fairness and transparency of the election, and hindering the free decision-making of the voters, and thus, the Defendants

However, the defendants recognize and reflects the crimes, the meal cost provided by the defendants is not very significant, and the defendants have no record of fine or heavier punishment.

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