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(영문) 대전지방법원 2015.01.08 2014고합434
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall provide any money, etc. to an elector for the purpose of causing him/her to cast a vote, preventing him/her from cast a vote, or making a person elected or making a person elected.

Nevertheless, the Defendant: (a) for the purpose of having a candidate D who was going to run in the election for a member of the election for a member of the election for a member of the Korean constituency of the Geumnam-si District Election, which was carried out on June 4, 2014; (b) around May 28, 2014, the Defendant found to be at the house of his six-year female and female couple located in Chungcheongnam-Nam-nam, and (c) for one hundred thousand won per head of the election; (d) for the purpose of having the candidate D to run in the election for a member of the election for a member of the Korean constituency of the Geumnam-si District Election, which was carried out on May 4, 2014; and (b) for the purpose of having the candidate D to run in the election for a member of the election for a member of the Korean constituency of the Geumnam-si District Election, and (c) transferred money to F in the name of F, in the name of the amount to be paid to F. 100,000 won.

Accordingly, the defendant provided money to the elector for the purpose of getting the above D to be elected.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Seizure records;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article 230 (1) 1 of the Public Official Election Act and Article 230 (1) 1 of the Public Official Election Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The scope of punishment: Fines of 50,000 to 30,000,000; and

2. Basic area (referring to six months of imprisonment or one year and four months) of the application of the sentencing criteria (referring to the scope of recommendation), purchase and inducement of understanding.

3. Determination of sentence: The Public Official Election Act of KRW 3,00,000 strictly limits the provision of property benefits for the election of a specific person in order to ensure that an election is held fairly in accordance with the free will of the people and democratic procedures.

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