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(영문) 대구지방법원 서부지원 2015.08.21 2015고단775
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

The Defendant is a member of C (hereinafter referred to as “C”).

No one shall provide money, goods, or other property benefits to any elector (including a person who is eligible to be a candidate) or his/her family on behalf of a candidate (including a person who intends to be a candidate) for the first time from 180 days before the expiration date of his/her electoral register to the election day of March 11, 2015, which was implemented on March 11, 2015.

1. On January 2015, the Defendant said that “I will request F to make a single candidate if I wish to be a single candidate for a single election,” after giving D a total of 30,000 won of rice to D for the sake of F to be a candidate for the election of president of a cooperative, at the residence of C members in Daegu E, Daegu.

2. On February 4, 2015 or on the 11:00 following the day, the Defendant issued a rice of 30,000 won worth of KRW 30,00 to G, stating that “I would like to be a candidate for the election of the head of the CF, I would like to request FC well,” at a package-type restaurant operated by C members G in Daegu H, without any trade name.”

Accordingly, the Defendant made a contribution during the contribution-restricted period by providing a total of 60,00 won for D and G with a total of 60,000 rice in the electoral register for the first time of the nationwide simultaneous election of the head of the cooperative, the head of the cooperative, the head of the cooperative, and the head of the cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. The police statement concerning G;

1. The current status of elected heads of the C partnership;

1. Application of C Membership List Acts and subordinate statutes;

1. Article 59 and Article 35 (2) of the Act on Entrusted Elections with Public Organizations, etc. which choose the applicable law to facts constituting an offense and sentence, and selection of fines;

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

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

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