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(영문) 수원지방법원 2016.08.17 2015고단4024

공공단체등위탁선거에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

On March 11, 2015, the Defendant was elected as the president of the partnership by going to the one-time simultaneous election of the president of the partnership nationwide (hereinafter “instant election”), and E and F are members of the partnership.

1. On February 7, 2015, the Defendant: (a) placed in a Vietnam-style cruise vehicle parked in the front of the Blue City of Ma in order to engage in an election campaign, and (b) placed an envelope containing KRW 1 million in cash to E for the purpose of running an election campaign for the head of the association, and (c) laid down the envelope to E for an election campaign.

Accordingly, the defendant provided money to the elector for election campaign.

2. On February 15, 2015, the Defendant: (a) set up a bag containing KRW 1 million in cash to the members for the purpose of running an election campaign and eating a francing the mind to participate in the election for the head of the cooperative; and (b) to the members of the cooperative; and (c) to build up a bag containing KRW 1 million in cash.

Accordingly, the defendant provided money to the elector for election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. A criminal investigation report (explosion of monetary details data);

1. Each investigation report (A and E, and F's location comparison and analysis of locations, mobile analysis data, and text messages);

1. Application of Acts and subordinate statutes to some of the mobile analysis data (IC messages);

1. Article 58 subparagraph 1 of the Act on Entrusted Elections, such as a relevant Article of the Act on Criminal Facts and a public organization that selects a punishment (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In full view of the following circumstances and the attitude of the E and F’s respective statutory statements, which are acknowledged by the evidence duly adopted and examined by the court, the reason for conviction under Article 62(1) of the Criminal Act (a favorable consideration of the reason for sentencing) and the evidence duly adopted and examined, the statements of E and F are written.