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(영문) 창원지방법원 진주지원 2014.04.24 2014고합17
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

On December 4, 2013, the Defendant sought to be a candidate for the election of Provincial Council members at the 6th regular Do Council members, and made contributions to 15 persons, such as D, an elector, etc. at the C cafeteria located in the Gyeong-Gun B, Nam-do, Chungcheongnam-do, and around December 18:10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on E, F, G, H, H, I, J, K, L, M, N, P, Q, R, S, and T;

1. Application of Acts and subordinate statutes to accusations and investigation guards;

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election 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 recommendations according to the sentencing guidelines (decision of type), election crimes, violations of prohibition and restriction on contribution acts, contribution acts (special mitigation factors): Where money and valuables provided or benefits are extremely insignificant (the scope of recommendations), the area of mitigation of a fine, or KRW 500,000 or KRW 3 million.

3. Determination of sentence: The crime of this case by a fine of KRW 80,00,00 is committed by a person who wishes to be a candidate for the Provincial Council member at ordinary levels, and the defendant made a contribution by providing meals at a restaurant to the head of the family, who is a local resident, living in the relevant constituency, in violation of the provisions on restrictions on contribution acts as provided by the Public Official Election Act. Such contribution acts are likely to impair the fairness and transparency of elections and impede the reasonable choice of the voters, and thus, the Public Official Election Act strictly prohibits the contribution act despite their name or form. However, although the nature of the defendant's crime is not easy, the defendant's crime of this case was committed while the defendant, who was a member of U Development Committee, provided meals to the village, who was present in U Development Committee, was prevented from committing the crime of this case, and the total amount of food provided by the defendant is approximately KRW 210,000 per capita ( approximately KRW 13,000 per capita

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