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(영문) 창원지방법원 2014.11.20 2014고합241
공직선거법위반
Text

Defendant

A shall be punished by a fine of 600,000 won, and Defendant B shall be punished by 800,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a volunteer of D who is a candidate for the election of the Changwon market, which was implemented on June 4, 2014, and Defendant A is an election campaign worker of the above D.

No person shall provide money, valuables or other benefits in connection with the election campaign.

Defendant

B From May 22, 2014, E and F

6. Although engaging in activities as D’s election campaign workers until March 1, 2014, when a person was reported to the election commission on June 1, 2014 due to the actual number of the above accused and was unable to receive allowances for the previous election campaign, the period from June 4, 2014 during which Defendant A was not reported as E and F election campaign workers to Defendant A as E and F election campaign workers; or

5. 30. 30. 630,000 won of the election campaign allowances for the E and F. 1.260,000 won in cash upon the request of the E and F.

As a result, around 10:40 on June 5, 2014, Defendant A issued 6.30,000 won in cash to F in front of Seongdong-gu G apartment in Changwon-gu, Seongbuk-gu, Seoul, as election campaign allowance, and granted 6.30,000 won in cash to E in front of the residents' self-governing center in Namyang-gu, Seoul, Seoul.

Accordingly, the Defendants conspired to offer money or goods in relation to the election campaign.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, E, and F;

1. Application of Acts and subordinate statutes to the accusation book, each question and answer letter, each written confirmation, and the report on appointment of election campaign workers;

1. Article 230 (1) 4 and Article 135 (3) of the Public Official Election Act, Article 30 of the Criminal Act and the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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, respectively, of the provisional payment order;

1. Application of the sentencing criteria;

(a) Violation of each Public Official Election Act [Determinations of Types] shall be paid for actual expenses incurred in election campaigns of Type 2 (General Purchase, and Purchase related to Recommendation of Candidates for Political Parties) (Special Convicts).

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