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(영문) 서울남부지방법원 2012.11.15 2012고합657
공직선거법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

B In the 19th election for the National Assembly members, E is the preliminary candidate for the Geumcheon constituency D, and the Defendant A is a member of the “G organization” in which he works for B and E after the F High School graduate by B and E.

No one shall make contributions for a candidate or preliminary candidate in connection with an election.

Defendant

B and Defendant A, on December 201, gathered to gather the dynamics of F High School for the preliminary police officer E in order to hold a meeting, notified the F High School’s East and the members of the “G organization” to hold a meeting, and Defendant B interfered with the venue of the meeting.

On January 15, 2012, from around 18:30 to 22:51, the Defendants conspired to the effect that the F High School East-gu’s “J” in the name of “J” in the operation of the I located in Geumcheon-gu Seoul Geumcheon-gu, and the gatherings in which members of “G organizations” participate, shall be held to introduce E candidates from the place where 50 electors, such as K, L, M, and N, gather to “F high school graduates, are expected to participate in the election of National Assembly members.” The Defendants provided 50 voters with alcohol and alcohol equivalent to 991,000 won, such as beer, etc.

In the end, the Defendants conspired to make contributions to 50 voters for the purpose of E preliminary candidates.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's statement concerning L,O, and E;

1. An application for registration of a preliminary candidate, a report on the establishment of an election campaign office, an election campaign manager, an election campaign worker, or his spouse;

1. Application of the receipt statute

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts and the selection of punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. The scope of applicable sentences: Imprisonment for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] election crimes, violation of the prohibition and restriction on contribution acts [the scope of the recommended sentence], the basic area of the punishment, and the imprisonment for January.

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