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(영문) 춘천지방법원 강릉지원 2017.06.13 2017고단390
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 31, 2016, the Defendant registered as a candidate for D Agricultural Cooperative President election at the C Election Management Committee on the C Election Management on October 31, 2016, and was elected in the above partnership president election implemented on November 15, 2016.

No candidate shall make contributions from June 25, 2016, 180 days before the expiration date of the term of office of the head of an association to the election day.

Nevertheless, the Defendant, at the house of F of D Agricultural Cooperatives members E and 1 Dong 301 located on July 2016, the middle 13:00, and F, “I am on the election of the president of the Association.”

I shall well request.

“” and “one hundred thousand won in cash have been delivered from that time to November 10, 2016, including, from that time, KRW 2.2 million has been delivered to 21 members by the same method over a total of 21 times, such as the written list of crimes in the attached Form.

Accordingly, the defendant made a contribution during the contribution-restricted period in the DF election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to G, H, I, J, K, F, L, M, N, P, Q, Q, R, T, U,V, M, X,Y, and Z;

1. Each protocol of seizure;

1. Request for cooperation in investigation, response materials from the Committee for Election Management, and reply materials from DNA agricultural cooperatives;

1. Investigation Report - Application of Acts and subordinate statutes governing the relative search and investigation of members of AA residing;

1. Article 59 and Article 35 (1) of the Act on Entrusted Elections, such as the relevant Article of the Act on Criminal Crimes and each public organization that selects a penalty, etc., and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant committed the instant crime in violation of the main prohibition clause to ensure the transparency and fairness of elections of the president of an agricultural cooperative; the Defendant, even though having worked for a long time at a agricultural cooperative in C, has encouraged an election of the right of vote, illegal election; and provided money and valuables to many members, the Defendant’s liability for the crime is not weak.

However, this case.

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