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(영문) 전주지방법원 군산지원 2015.06.03 2015고단300
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a member of the Epic Cooperative, is a person supporting F who was selected as a candidate for the president of the Epic Cooperative on March 11, 2015, in the election of the president of the Epic Cooperative.

No person shall make a contribution on behalf of a candidate with respect to an entrusted election made by the head of the fisheries cooperative association during the period from 180 days ( September 21, 2014) before the expiration date of the contribution-restricted period to the election day ( March 11, 2015) until 11, 2015.

Nevertheless, on March 6, 2015, the Defendant issued 100,000 won in cash to G, who is a member of the EF and issued the same month.

8. Issuance, in the same manner, of 100,000 won in cash, to H, I, and Ear Union members, to K, who are the wife of the J, and the same month;

9. In the same manner, 100,000 won was granted in cash to Ma who is the wife of the EM partner L.

Accordingly, the defendant contributed a total of 50,000 won to 5 people for E.I.F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against M, G, and I (Evidence records 350, 441, 498 pages);

1. Questions and answers to H or K (Evidence records 15,25 pages);

1. Inventory of seizure and protocol of seizure (Evidence records 361, 409, 511 pages);

1. Application of each statute on photographs;

1. Article 59 and Article 35 (2) of the Act on Entrusted Elections with Public Organizations, etc. that choose the applicable laws to facts constituting an offense and punishment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 60 of the Act on Entrusted Elections, such as Collection Public Organizations;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) is that the crime of this case undermining the free will of union members and the fairness of the election that should be carried out in accordance with democratic procedures by the defendant, who provided money to union members for a specific candidate in an entrusted election with the president of the cooperative, is not easy, and the defendant denied the crime in the course of the investigation and avoided liability.

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