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(영문) 창원지방법원 마산지원 2018.11.30 2018고합68
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a member with interest D for the chairperson of the representative council of apartment occupants.

On March 13, 2018, the Defendant invited members of the E constituency who are citizens of the election district to hold a fraternity meeting, and provided them with an awareness of fact, and once on June 13, 2018, the seven times nationwide, which was implemented on June 13, 2018 at the place of the above meals, led the Defendant to have the Defendant F of the preliminary candidate for the election of the head of the Gun and the candidate G (the winner) for the election of the E-Gun council personnel of the above members.

No one is allowed to make a contribution on behalf of a candidate and a person wishing to be a candidate in connection with an election, but the defendant, at the “I” restaurant located in the H market around 12:00 on March 16, 2018, provided 15 members, who are members of the D community interest group, including E election district residents K, who reside in the D community interest division, with an intention of occupying the food amounting to 2.80,00 won, and the above F and G, in the above meal space, provided the above members with personnel management.

As a result, the defendant made a contribution act to the residents in the constituency for those who want to be the candidate for the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to K, L, M, F, and G;

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 by law: Fine not exceeding 10 million won;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the recommended punishment] where money, goods, or profits provided for the first type (person subject to special mitigation] [the scope of the recommended punishment] (the scope of the punishment] 50,000 won to three million won (the area of mitigation].

3. The defendant who is sentenced to a sentence shall make contributions for a candidate in preparation for a local election to the free will of the people and democratic procedures.

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