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(영문) 대구지방법원서부지원 2020.12.10 2020고합263
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 a member of the 7th local election conducted on June 13, 2018 as a candidate for a Cparty in Daegu Metropolitan City B, and D was a member of the 21st election district implemented on April 15, 2020 and elected as a candidate for C Party in the 21st election district in Daegu Metropolitan City Eth election for the National Assembly member.

No one shall make a contribution act for a candidate in connection with an election, and no one shall provide money, goods, etc. in connection with an election campaign except in cases under the Public Official Election Act.

Nevertheless, at around 19:30 on March 28, 2020, the Defendant provided 358,000 won food to the 21st election campaign employees, including H’s members, and about 19 members, in relation to D candidate election campaign in Daegu F. The Defendant provided 358,00 won food in relation to D candidate election campaign.

As a result, the defendant made contributions on behalf of the D candidates in relation to the 21st election of National Assembly members, and at the same time provided them with money and valuables in relation to the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement against I, J, H and K;

1. Application of Acts and subordinate statutes of one investigation report (No. 35 No. 1) and investigation status (no. 37) in each of the relevant official documents, cards, settlement records, etc.;

1. Article 257 (1) 1, Article 115 (a) and Article 230 (1) 4 and Article 135 (3) of the Public Official Election Act concerning facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act (Punishment prescribed in a crime of violating the Public Official Election Act due to the provision of money or goods related to election campaign heavier than punishment)

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: fine not exceeding 30 million won; and

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