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(영문) 광주지방법원 순천지원 2014.04.03 2014고합29
공직선거법위반
Text

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

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

Reasons

Criminal facts

On June 2, 2010, the Defendant was elected in the constituency of “D” (E, F, G, and H) at the 5th nationwide local election of the Do-Si Do-Si Do-Si Do-Si Gun, and was serving as a Gun member.

On September 11, 2013, the Defendant purchased at 2,384,00 won (per unit 14,900 won) a food gift set of 160 won in the Agricultural Cooperatives, Nonghyup-dong, Gwangju Mine-gu, Gwangju, and delivered one of them to the electorate J in Gyeong-gun, Jeonnam-gun, and then delivered a food gift set to 160 electors, as shown in the attached list of crimes, from September 12, 2013 to September 12, 2013.

Accordingly, the defendant, as a member of the local council, made contributions to those who are in the constituency.

Summary of Evidence

Defendant’s legal statement

J and K’s written statement of each police officer’s statement L, etc. 68 copies of response to a request for the submission of materials on the line of the high-ranking group for the submission of documents, such as written statements of each police officer L, and eight copies of the record of recording and recording of each internal investigation, confirmation of facts, and a gift tax report sent by the person under investigation and seizure warrant (2013-4743), and the relevant legal provisions concerning facts constituting an offense subject to the statutes that attach seized articles, such as sales records under the seizure warrant (2013-473), and Articles 257(1)1 and 113(1) of the Public Official Election Act of the Republic of Korea and Article 334(1) of the Criminal Procedure Act of the Act on the Provisional Payment Order of Articles 70 and 69(

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

2. Scope of recommendations on the sentencing guidelines: A fine of one million won to five million won (decision on a type), election, violation of prohibition and restriction on contribution, contribution act (decision on a recommended area and a punishment), basic area of the contribution act (decision on a recommended area and a punishment), one month to October, and a fine of one million won to five million won.

3. Under the Public Official Election Act, a contribution act is strictly prohibited in order to ensure transparency and fairness in an election as there is a risk of distortion of an individual's free will due to unfair economic interests, etc. in an election to be made in accordance with an individual's free decision-making.

In light of the legislative intent of the Public Official Election Act, this paper is intended.

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