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(영문) 대구지방법원 서부지원 2019.08.21 2019고단1246
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 13, 2019, the Defendant was elected as the head of the Daegu Partnership at the second time in the election of the head of the partnership nationwide.

No person who intends to be a candidate shall make contributions during the period subject to restriction on contributions.

Nevertheless, on January 23, 2019, the Defendant, at the Defendant’s house located in Daegu C on January 15:13, 2019 during the contribution-restricted period, sent the phone to E operating Dart, and sent it to F members of the said B Union, 45,000 won at the market price.

Accordingly, the defendant provided goods to F members of the association during the contribution-restricted period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (report attached to certificates of partners, etc.);

1. Article 59 and Article 35 (1) of the Act on Entrusted Elections, such as relevant legal provisions concerning facts constituting an offense and public organizations selected to impose a sentence, and selection of fines;

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

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

1. An unfavorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime in this case is committed in a more favorable condition, such as that it harms the fairness of the election, distorts the intention of the voters, and infringes on the inequality of the election system, and that it has the power to impose a fine once for the same kind of crime: The defendant recognized and reflects the crime; the amount of the goods delivered by the defendant in this case is not much significant; the prosecutor's old punishment and other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc.; and the circumstances after the crime, etc., which are conditions for sentencing as shown in the argument in this case

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