A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendants shall be Grade VII public officials belonging to the DNA viewing information and communication department.

At around 10:00 on January 9, 2014, the Defendant stated that “D market H obtained evidence of the fact that it received KRW 200 million from an environmental enterprise at the time of the D market election in 2010, and that D market H would not take place in the D market election,” and that “from that time until February 26, 2014, the Defendant demanded that G request KRW 200,000 in total for four times in the same way as the list of crimes in the attached Table.

Accordingly, the defendant demanded a person who intends to be a candidate for the head of local government to make a contribution in relation to election.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. A written answer to G;

1. Application of Acts and subordinate statutes on recording;

1. Relevant Articles 257(2) and 113 of the Public Official Election Act regarding criminal facts and Articles 257(2) and 113 of the Act on the Election of Public Officials (a comprehensive and continuous criminal intent to engage in several activities falling under the same criminal name for a certain period, and where the damage legal interests are the same as those of the single and continuous criminal intent, each act shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decision 2010Do1588, Nov. 25, 2010).

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Basic crimes: Violation of the Public Official Election Act (the decision of type]; violation of prohibition and restriction on contribution acts; the instruction, solicitation, demand, and good offices (the scope of recommending area and recommendation) of contribution acts; the basic area; imprisonment of one month to ten months; or fine of one million to five million won;

2. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence are aimed at contributing to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures, and thus, violating the Public Official Election Act.