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(영문) 춘천지방법원 속초지원 2018.11.05 2018고합39
공직선거법위반
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall make, or have another person make contributions to, a candidate or a person who intends to become a candidate in connection with an election.

Nevertheless, on June 5, 2018, the Defendant within the “C” restaurant located in Gangwon-si, Gangwon-do, Gangwon-do, Gangwon-do, Seoul, on June 5, 2018, and eight persons, including E, etc., who cause the election campaign of candidates for members of Gangwon-do, who have a usual friendly friendly son, “humbio

“At the same time, I provided 8 parts with a total of 120,000 won per market price and settled the price.

Accordingly, the defendant made contributions to the election for the candidate D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against F, G, E, H, I, J, K, and D;

1. A written accusation;

1. Application of Acts and subordinate statutes on cards, receipts, details of cancellation of cards, and details of reservation notes;

1. Article 257 (1) 1 and Article 115 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

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

2. Aggravation factors for a violation of prohibition and restriction on contribution acts [a person subject to special sentencing] on the sentencing guidelines: Where the amount of money and valuables or benefits provided is extremely minor [the scope of recommended punishment] on the election day: KRW 1 million to five million.

3. The defendant, who has made a decision to sentence sentence, made a contribution by providing meals to the election campaignmen of the candidate for the Do council members, and the contribution act related to the election is likely to impair the fairness and transparency of the election and to interfere with the free decision-making of the voters.

In addition, the defendant committed the crime of this case at the time of his stay on the election day.

Considering these circumstances, it is necessary to strictly punish the defendant.

However, the defendant acknowledges his mistake and has no record of being sentenced to the same criminal records and imprisonment or heavier punishment.

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