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(영문) 창원지방법원 진주지원 2015.02.05 2014고합158
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was elected by going to the candidate for the 5th local election for the 5th local election for the 5th local constituency, and was elected by going to the candidate for the 5th local election for the 5th local election for the 19th local constituency, and the 6th local election for the 5th local election for the 5th local constituency.

On January 1, 2013, the Defendant provided 50,000 won to all members of the Committee for a Better Tomorrow Movement D Committee for a Better Tomorrow Movement to make a contribution to organizations in the constituency under the pretext of the cooperation of the general assembly of the Committee.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and G;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 113 of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 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 punishment: Fines of 50,000 to 10 million won;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] group of election crimes, violation of prohibition and restriction on contribution acts (special person): Reduction element where money and other valuables or benefits provided or benefits are extremely insignificant: In cases of increased factors, the basic area of the previous crimes (the scope of recommending punishment) and fine of one million won to five million won.

3. Determination of sentence: The crime of this case by a fine not exceeding 80,000 won is committed by the defendant to an organization in the constituency, and the Public Official Election Act strictly limits contributions, and the crime is not good considering the fact that the defendant has a criminal record for the same kind of offense.

However, the instant crime was supported by the Defendant to the Committee for a Better Tomorrow movement before about one year and six months prior to the election day. It appears that the instant crime was not relevant to the election. The fact that the instant crime appears not to have any particular effect on the election, the amount of money and valuables provided by the Defendant is extremely insignificant, and the Defendant led to the confession of the crime and reflects the mistake.

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