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(영문) 수원지방법원 안양지원 2016.11.11 2016고합179
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a cause of the Celection (D) City to which B Party belongs, and is a candidate of F, who belongs to B Party in the 20th National Assembly Election E constituency.

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

At around 20:00 on April 9, 2016, the Defendant, along with the above F, called “H” restaurant located in G for election campaign. Around 20:0, the Defendant divided the name of “I, I, et al., the electorates,” and provided approximately 20 minutes with the above I, etc., and the Defendant provided KRW 200,000 in cash to I, who leaves the restaurant due to an election campaign following the following election campaign.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of I;

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;

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

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

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. The scope of recommendations on the sentencing criteria (the scope of recommendations) shall be limited to a case where money and other valuables provided or benefits are extremely insignificant on the election day provided for in the first category (special-purpose persons) (the special-purpose persons) (the scope of recommendations) (the basic area) of violation of the prohibition and restriction on contribution acts in an election, from one million to five million won.

3. Determination of sentence: The crime of this case by a fine of two million won is that a defendant made an act of making an act of making a contribution in cash as a meal expense for the F that has taken place in the election of a member of the National Assembly, and such an act has an impact on the result of the election by the candidate's re-performance, etc.

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