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(영문) 광주지방법원 순천지원 2018.11.08 2018고합173
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who was elected by withdrawing as a candidate for the C constituency (D, E, F, G, H, I, J, and K) in the election of a local council member of the 7th simultaneous local election campaign conducted on June 13, 2018.

A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person intending to become a candidate) and his/her spouse shall not provide money, goods, or other property benefits, or express his/her intention to provide such benefits or promise to provide such benefits, even though there is any person in the relevant constituency or inside the relevant constituency, or an institution, organization, facility, or election district.

Nevertheless, on March 5, 2018, the Defendant: around 11:30, operated the bus free of charge to the NO located in the NO, which is held by its publishing commemorative meeting on the same day, after burning about 25 passenger buses with approximately 20 residents residing in the constituency in front of the MO community hall located in L.

Accordingly, the defendant provided transportation convenience by bus equivalent to KRW 100,000 to election district residents, and made a contribution act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to the prosecution against P, Q, R and S;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the attachment of a copy of the draft register of Defendant Publication Memorial Association), investigation report (the details of Q currency in the collection of the Defendant and T place of business), investigation report (report on confirmation of monetary records, such as A), investigation report (a) and an investigation report (ab

1. Article 257 (1) 1 and Article 113 (1) of the Act on the Election of Public Officials in Charge of Crimes and the Election of Public Officials in Charge of the Selection of Punishment (Selection of Punishment)

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. Scope of applicable sentences under law: Fines of 50,000 to 10,000 won; and

2. The scope of the recommended punishment according to the sentencing guidelines [the type of decision] where the money and valuables or benefits provided are insignificant (the person subject to special sentencing] in violation of restrictions on the prohibition of contributions to election crimes, or candidates.

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