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(영문) 창원지방법원 진주지원 2015.04.28 2015고단75

공공단체등위탁선거에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is currently engaged in the construction business as a member of the C Cooperatives.

From September 2014 to around the first time, the Defendant had expressed his mind to leave the above election for the head of the cooperative throughout the country, and around October 11, 2014 to the above E in a plastic house of E, a member of the said cooperative, which was D, for the said E, “I asked to hand off his hand only once,” and provided KRW 500,000 (50,000 won) with an envelope containing five hundred thousand won (50,000 won) above the ordinary day at which he was located.

Accordingly, the defendant provided money to the elector for the purpose of election campaign by the head of the cooperative association, and carried out an election campaign when it is not an election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, G, H, and I;

1. Each protocol of seizure;

1. Each member list and response to the results of appraisal of the scene of the crime;

1. Application of each existing Act and subordinate statute of one sheet (No. 1), 10,000 won, and 10,000 won, respectively, of seized letter bags;

1. Article 58 subparagraph 1 of the relevant Act on Criminal facts and Article 58 of the Act on Elections Commissioned by Public Organizations, etc. Selection of Punishment (Provision of Money to Electors, Selection of Imprisonment with Labor) for Election of Public Organizations, etc. (Article 66 subparagraph 1 of the Act on Elections Commissioned by Public Organizations, etc.) for a crime;

1. Of concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on Elections of Public Organizations, etc. due to Provision of Money to Electors with heavy electors)

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The crime of this case with the reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant provided money and goods to the union members eligible to be recorded in the electoral registry and provided them with money and goods prior to the election campaign period, not to the candidate’s policy.