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(영문) 대전지방법원홍성지원 2020.10.15 2020고합36
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The Defendant is a member of the political party B.

No one shall provide any motor vehicle or horse to any elector or other political party or candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, or witness, with the intention of having another person cast his vote or having another person cast his vote or having another person cast

Nevertheless, at around 07:49 on April 10, 2020, the advance polling day of the election of the National Assembly member of the 21st National Assembly, the Defendant started to move to the K Administrative Welfare Center, which is a polling station in the J by the Defendant of E, F, G, and H, a village resident of the Republic of Korea, before the K Administrative Welfare Center, which is a polling station in the J by moving to the passenger car. On the same day at around 08:17 on the same day, the Defendant continued to move L, M, N to the above polling station. On the same day at around 08:46, the Defendant was asked from the O of the above village resident of the Republic of Korea to "Seido residing in P changed the way to move to the lane."

Ultimately, for the purpose of having the Defendant cast a vote, the Defendant provided a horse or horse to nine persons, such as the said L, who is an elector.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. A report on investigation (a specific elector and the reason why he/she becomes aboard);

1. Party membership certificates and written opinions from each resident;

1. Visual CD closure photographs;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 230 (1) 1 of the Public Official Election Act and Article 230 (1) 1 of the Public Official Election Act (generally and collectively, 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 range of punishment by law shall be not less than 50,000 won but not more than 30 million won;

2. Money and other valuables provided or received according to the sentencing guidelines [decision of type], election crimes, inducement for purchase and understanding, and Type 2 (General Purchase, and Purchase related to Recommendation of Candidates for Political Parties) (Special Mitigation).

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