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(영문) 청주지방법원 영동지원 2014.11.18 2014고합29
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

The defendant is the 6th nationwide election campaign worker who was implemented on June 4, 2014, and is the e-election campaign worker who is a candidate for the rooftop-gun or constituency D party in the 6th nationwide election of the Macheon-gun local council members.

An election campaign worker of a candidate shall not make any contribution act for the candidate in connection with the election before the election period.

At around 19:00 on May 19, 2014, the Defendant complained of support for the above E candidate, such as: (a) around 19:00, the Defendant visited the said restaurant by having three relatives, such as her husband H, and nine electorates, living in I, provide food equivalent to KRW 366,00,00, in total, including murder and so on; (b) and (c) “Isk for support for the above E candidate; and (d) around 20:20 on the same day, the Defendant visited the said restaurant to have the said restaurant and the Defendant take personnel affairs for the first citizen.

Accordingly, the defendant made a contribution to E, a candidate for the 6th local government line.

Summary of Evidence

1. Defendant's legal statement;

1. Each reply to J, K, L, M, N,O, P, and E;

1. Application of Acts and subordinate statutes to a name tag and a report on election campaign workers;

1. Relevant Article 257 (1) 1 and Article 114 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

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

1. The scope of punishment: A fine not exceeding 10 million won;

2. Scope of the recommended sentencing criteria; and

(a) Determination of type: Election crime group, violation of prohibition and restriction on contribution act, and contribution act;

(b) Aggravation reduction factor: (a) Where money or valuables provided or benefits are extremely insignificant, (b) where increased factors are committed by a candidate, his spouse, lineal ascendants or descendants, or persons interested in election; and

(c) Scope of recommendations: fine of one million won to five million won (basic area);

3.In this case, the decision of sentence has made a contribution to pay the sum of 366,00 won to the electorates for E that the defendant has run as a candidate for a local council member, and such an offence shall be committed.

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