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(영문) 창원지방법원 거창지원 2015.04.29 2015고단54
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was elected at the first election of the head of the Dong-si National Cooperative on March 11, 2015, by going through the election of the head of the C Livestock Cooperative (hereinafter referred to as the “C Livestock Cooperative”) in the first election of the head of the Dong-si National Cooperative.

No one shall offer, or express an intention to offer, money, goods, entertainment, other property benefits, or a public or private job to an elector, his/her family member, or an institution, organization, or facility established or operated by the elector, or an elector, his/her family member, or his/

Nevertheless, at around 10:47 on March 8, 2015, the Defendant visited E’s stable, an elector, as a member of the CFFD, to enter into a caton and write off money to E, “I would not want to make a good decision on how to hold an election?” and granted KRW 1,300,000 in cash to E.

Accordingly, the defendant provided money to the elector for election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes on the accusation, door-to-face, conversation-recording, CCTV-dong images and record CDs, and C elector’s list of union members;

1. Article 58 subparagraph 1 of the Act on Entrusted Elections, Including Relevant Acts concerning facts constituting an offense and public organizations that choose a sentence;

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

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

1. The act of a defendant who provided money and valuables in the course of election for the reason of sentencing as provided by Article 48(1)1 of the Criminal Act shall be subject to criticism as a serious damage to the fairness of election and the punishment corresponding thereto shall also be imposed;

However, the Defendant has been working for a long period of time in the C&C, and had been detained for one month due to the instant crime, and there was no record of punishment except for those sentenced to a fine of KRW 30,000 prior to 40 years.

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