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(영문) 인천지방법원 2016.07.22 2016고합356
공직선거법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall provide any money, valuables, or other benefits in connection with an election campaign, regardless of the pretext, such as allowances, actual expenses, and compensation for volunteer service, except where he/she provides the head of the election affairs office, the head of the liaison office, the election affairs clerk, the assistant, and the person in charge of accounting with allowances, actual

Nevertheless, the Defendant, who was a partner of the candidate E who was elected in the Incheon constituency for the 20th National Assembly member C, is a partner of the candidate E;

1. On April 11, 2016, at around 15:00, G accounting corporation of the fourth floor of the Incheon FF building with the fourth floor, to issue 7.5 million won in cash to the head of the election campaign team at the H, who was in charge of driving an election vehicle to the head of the election campaign and countermeasure headquarters for the above E candidate election and election campaign vehicles, under the pretext of cash compensation for J, K and L;

2. Issuance, on April 12, 2016, of KRW 1300,00 in cash, to the driver of an election campaign vehicle to the driver of an election campaign vehicle in a N-public parking lot located in Incheon Metropolitan City for an election campaign;

3. On April 12, 2016, around 18:00, at the above N-public parking lot, 1.3 million won in cash was granted to P drivers of election campaign vehicles as compensation for election campaign.

Accordingly, the defendant provided 10,100,000 won in total as compensation for drivers of election campaign vehicles who did not report as election campaign-related persons to the Election Management Committee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I,O, and P;

1. A list of final accountants in charge, and a ledger of election-related persons;

1. Application of investigation reports (verification of the address of the public parking lot) and the Acts and subordinate statutes related to the NA map outputs;

1. Article 230 (1) 4 and Article 135 (3) of the Act on the Election of Public Officials for the Punishment of Criminal Facts and the Selection of Punishment for the Election of Public Officials;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Public Official Election Act on April 11, 2016, with the largest penalty);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

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