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(영문) 수원지방법원 안양지원 2017.03.10 2016고단569

정당법위반

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

Despite the fact that anyone is unable to establish an office of the party members council, etc. for the operation of subordinate organizations of the City/Do party, the defendant was a chairperson of the local committee for the F constituency in Ansan-si in Gyeonggi-do ( current E Party), who is the head of the local committee for the City/Do party branch, installed a signboard, such as “H,” located on G3 floor from November 9, 2012 to August 2015 at the office, such as “H,” telephone, facsimile, computer, conference room, etc., and held a regional committee vision, the chairperson of the local committee, the local committee steering committee, the local committee, and the regular representative meeting, etc. at that place, and held meetings at any time concerning the political party affairs proposed or raised by the Gyeonggi-do party branch, and established an office of the party members council, etc. for the operation of the subordinate organization of the City/Do party by spreading the communication details to the party members.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

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

1. Each police statement made against J, K and L;

1. The investigation report (the confirmation of the lease agreement with the office in this case), the investigation report (the defendant A Bable Monitoring), and the investigation report (the confirmation of the G Office);

1. Application of Acts and subordinate statutes to evidential materials;

1. Relevant Article 59 (1) 3 of the Political Parties Act and the proviso to Article 37 (3) of the Political Parties Act (in all cases, referring to the selection of fines) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order takes account of the background leading up to the relevant crime, the fact that there was no criminal record other than the previous one sentenced to a fine for the long time. The purport of and the reason for filing an application for judgment on the application for an adjudication on the constitutionality of a law, the proviso of Article 37(3) of the Political Parties Act (hereinafter “the instant legal provision”) violates the principle of equality, and thus, infringes on the political party’s freedom, freedom of association, and the right to participate in public affairs, and thus, a petition for adjudication on the constitutionality of the instant legal provision is filed.

The instant case is the premise of the judgment.