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(영문) 서울서부지방법원 2018.12.26 2018고합337
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the person in charge of accounting of the deceased-ray C at the time of the 7th simultaneous local election.

Except for the cases where allowances, actual expenses, and other benefits are provided under the Public Official Election Act, no person shall offer, express an intention to offer, or express an intention to offer money, goods, or other benefits in connection with the election campaign, or may not promise, instruct, recommend, arrange, demand, or receive any money, goods, or other benefits.

Nevertheless, on June 12, 2018, the Defendant provided 700,000 won as allowances and actual expenses in relation to the election campaign to D who did not report to the competent election management commission as an election officer at the election management office located in Seoul Special Metropolitan City B, for the election campaign.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A report on election affairs personnel;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 230 (1) 4 and Article 135 (3) of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting an offense;

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. Fines not exceeding 30,000,000 won in the scope of punishment by law;

2. Where the scope of the recommended punishment according to the sentencing guidelines [type of decision] is extremely insignificant in the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, the purchase of the candidates and the purchase of the political party related to the recommendation of the political party] class 2 (general purchases, and the purchase of the political party related to the recommendation of the political party]; the passive participation in a crime by de facto pressure, etc.; [the scope of the recommended punishment], the area of special mitigation, 500,000

3. Determination of sentence: A fine of 500,000 won has committed an offence that may impair the fairness of election by providing money and goods to persons who are not reported as election clerks;

However, D is a person who actually worked as an election secretary, and the defendant pays D money without confirming the fixed number of election clerks according to the opinion of E (Defendant) who carried out an election campaign.

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