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(영문) 의정부지방법원 2015.02.12 2014고합421
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 a person who is engaged in one’s own business under the trade name “E” in Gyeonggi D.

On May 16, 2014, the Defendant issued KRW 200,000 in cash to G upon requesting support from the J, a candidate who is a candidate of the I head of the I Gun, such as “J” in relation to the 6th nationwide election of the I Gun nationwide from “H” of the G operation in Gyeonggi-do F on May 16, 2014.

Accordingly, the defendant made contributions to J as a candidate of I head of the Gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G or K's testimony;

1. Each prosecutor's statement concerning G and L;

1. Each written answer;

1. Application of Acts and subordinate statutes to investigation reports, accompanying election campaign bulletins, etc. and photographs;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same Act concerning criminal facts and the selection of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the decision of type] violation of the prohibition and restriction on contribution act [the decision of the recommendation field] basic area [the scope of the recommendation field] [the decision of the sentence] a fine of one million to five million won [the decision of the sentence] a fine of 1,500,000 won [the Public Official Election Act of 1,50,000 won [the decision of the sentence] should be made fairly in accordance with the free decision-making by the right holder, and there is a risk of disturbing the decision-making of the right holder by interfering with unjust profits in elections, so the act of contribution is strictly prohibited regardless of the name or form, and the amount of money delivered by the defendant is also a large amount. In light of the above, the defendant

However, there is one subject of the contribution act in this case, and the relationship between the ordinary defendant and G is one cause for the crime in this case.

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