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Reasons
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(영문) 전주지방법원 2018.11.09 2018고합239
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 2,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who is a defendant A shall make contributions to an election for a candidate;

Nevertheless, at around 20:00 on June 11, 2018, the Defendant divided 230 U.S. 2,30 U.S. 2,00 won (1,000 won per opening) from the 7th local election district in front of the Do Office in North Korea, into the 7th local election district in front of the Do Office.

Accordingly, the defendant made a contribution act for the candidate F in relation to the candidate's election for the 7th simultaneous local election.

2. No person who is accused B shall make contributions for a candidate in connection with an election;

Nevertheless, at around 20:00 on June 11, 2018, the Defendant divided 600 U.S. 60,000 U.S. 1,00 won (1,000 won per opening) from the 7th local election campaign site in front of the Do Office in North Korea, into the election district in the relevant field free of charge.

Accordingly, the defendant made a contribution act for the candidate F in relation to the candidate's election for the 7th simultaneous local election.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Each police statement made to H and I;

1. Written questions and answers prepared by the J;

1. Each report on the results of analysis of digital evidence;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 25 of the Election of Public Officials Act and the selection of punishment for the crime / [Defendant] Articles 257(1)1 and 115 of the Act on the Election of Public Officials

1. Articles 70(1) and 69(2) of the Criminal Act

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. Scope of the recommended punishment for the sentencing guidelines [the type of decision] [no person subject to special sentencing] exists (the scope of the recommended punishment] in the category 1 (contribution) (the act of contribution). The basic area of the punishment, fine of one million won to five million won.

3. Determination of sentence [Defendant A] 1.5 million won in penalty [Defendant B] 2.5 million won in penalty amount.

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