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(영문) 대구지방법원 포항지원 2015.08.20 2015고단416
공공단체등위탁선거에관한법률위반
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as a member of the Association B (hereinafter referred to as the “B”), has a pro rata with C, who was going to run in the election of the president of the Association on March 11, 2015.

No person other than the candidate shall carry out an election campaign.

Nevertheless, around 14:00 on February 22, 2015, the Defendant: (a) found the “Fstus” operated by members B in Ulleung-gun D; and (b) stated that “C candidates going out of the election of the president of the partnership are our house and they are well asked to do so”; and (c) carried out an election campaign for C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to a list of members of a B), investigation report (Attachment to a list of candidates for the head of a B association);

1. Subparagraph 1 of Article 66 and Article 24 (1) of the Act on Entrusted Elections, such as a relevant legal entity or public organization, concerning criminal facts, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that: (a) the degree of violation of the Act and subordinate statutes of election campaign for the reason of sentencing is relatively minor; (b) the amount of compensation or social status or influence is not considered to be a pro rata relationship with a candidate; (c) there is no record of punishment exceeding the fine since the suspended sentence was sentenced for about 30 years prior to the same type of crime; (d) there is no record of punishment exceeding the fine since the suspended sentence was sentenced; and (e) there is a reflect on the wrongness; and (e) various factors of sentencing indicated in the records, such as relationship with a candidate

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