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(영문) 창원지방법원 마산지원 2019.06.11 2019고단357
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On March 13, 2019, the defendant was elected as a candidate for the election of the president of the National Association President of the 2nd election of the president of the National Association.

No one shall visit an elector door to door for an election campaign.

Nevertheless, at around 18:40 on March 1, 2019, the Defendant visited D’s residence, which is an elector in Yongsan-gu C, Changwon-si, Changwon-si, and asked D to order the said D, and complained of support for B’s election as follows: (a) the Defendant complained of support “Ip. Ip. Ip. Ip. Ip. Ip. Ip. Ip. I am. Ip. Ip. Ip. Ip. in the election of the head of the association at this time; and (b) from that time to 19:30 on that day, the Defendant visited the residence of 12 members of the elector,

Accordingly, the defendant visited the elector by door for an election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G, H, I, J, K, L, D, M, N, andO;

1. The photograph of the name of a candidate and the photograph of mobile phone calls;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of visit by door-to-door visit of the P counterpart and visit by door-to-door visit of the Q counterpart);

1. Article 66 Subparag. 11 and Article 38 of the Act on Entrusted Elections such as Public Organizations, etc. that choose the relevant laws concerning criminal facts and punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which prohibits a door-to-door visit in order to prevent the risk of encouraging illegal elections, such as the purchase of voting in an open place, the excessive of election campaigns, and the inconvenience of electors resulting therefrom, etc., in violation of the law that prohibits a door-to-door visit in order to prevent the electors from spreading in an open place.

However, the defendant recognizes and reflects the crime.

It seems that there is no sufficient perception of regulations in the first election situation.

The defendant has been punished by a fine and has been punished by the same offense.

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