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(영문) 창원지방법원 마산지원 2015.06.24 2015고단384

공공단체등위탁선거에관한법률위반

Text

A defendant shall be punished by imprisonment for four 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 was a candidate of D(former abortion) who was a head of the cooperative election in Gyeongnam-gun, Gyeongnam-gun, during the first simultaneous election of the head of the cooperative nationwide, which came into force on March 11, 2015.

On March 6, 2015, at around 09:00, the Defendant: (a) found in the greenhouse operated by F, N, the N, the N, the N, the N, the N, for the purpose of requesting the support of the D candidate, and (b) delivered KRW 300,00 (one hundred KRW 50,000 in cash) that was prepared in advance to F, the member of the C, of the C Cooperatives.

The Defendant provided money to the elector for the election campaign as above.

Summary of Evidence

1. Defendant's legal statement;

1. The statement ofF prepared by the prosecutor;

1. Application of Acts and subordinate statutes on records of seizure and list of seizure prepared by the police;

1. Article 58 subparagraph 1 of the Act on Elections Commissioned by Relevant Acts and Subordinate Statutes concerning facts constituting an offense and subparagraph 1 of Article 58 of the same Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution shall be sentenced in consideration of favorable circumstances, such as the fact that there is a great possibility of criticism by committing a crime that undermines fairness and transparency of the election of the head of a cooperative, the denial of the crime at the investigation stage, etc., but it is against the recognition of the

1. Article 48 (1) 1 of the Criminal Act to be confiscated;