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(영문) 광주지방법원순천지원 2020.10.22 2020고합97
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who intends to become a candidate or candidate in connection with an election, or a person who intends to become a candidate or a political party to which he belongs, shall provide money, goods, or other proprietary benefits, or make an expression of intent to provide such benefits or

Nevertheless, at around 18:11 on March 11, 2020, the Defendant: (a) provided 12 persons, including electorates, including electorates, at the “C” restaurant located in Bosung-gun B, Chosung-gun, with a meal meeting claiming support from the 21st National Assembly member election, which was scheduled on April 15, 2020; (b) provided the said 12 persons, including the above D, with meals, including a chill of 439,000 won in total.

Accordingly, the defendant provided meals for the candidate G, thereby making contributions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on D, H, I, J, K, L, M, N,O, P, Q, R, S, and T;

1. A report on internal investigation (verification of a moving-in of a spouse, etc. of the G candidate), a report on internal investigation (related to the moving-in of a vehicle with a spouse of a G candidate), and a report on internal investigation (Attachment to the list, such as the date of

1. Application of Acts and subordinate statutes on the confirmation of the moving line, the visiting restaurant, the appendix of CCTV lines, the restaurant account books, and the details of account transactions;

1. Article 257 (1) 1 and Article 115 (General Provisions and Selection of Fines) of the Act on the Election of Public Officials and Articles 257 (1) 1 and 115 (Selection of Fines);

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 applicable sentences under law: Fines of 50,000 to 10 million won;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Violation of prohibition and restriction on contribution acts on the grounds of [Class 1] No person who has made a contribution [the scope of recommendation field and recommendation form] (the scope of recommendation form and recommendation form] basic area, fine of one million won to five million won.

3. Determination of sentence: The following circumstances and the defendant's age, character and conduct, environment, family relationship, and crime:

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