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(영문) 대구지방법원 서부지원 2015.06.19 2015고단602
공공단체등위탁선거에관한법률위반
Text

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

Where the above fine is not paid to the defendant, one million won shall be the one day.

Reasons

Punishment of the crime

Except in cases where a candidate conducts an election campaign, no one may conduct an election campaign in any way, except in cases where he/she conducts an election campaign, with respect to the first-time election for the head of the National East City Cooperative B (hereinafter referred to as “B”), which was implemented on March 11, 2015, and no one may conduct an election campaign, except in cases where he/she conducts an election campaign.

On December 21, 2014, the Defendant, at around 14:00, stated that “The Defendant shall be elected to have the head of a cooperative once again on March 11, 201. The President of a cooperative shall be elected so that the President of a cooperative may perform a larger work on one occasion at an election in the year.”

Accordingly, even though the defendant is not a candidate but a candidate for an election campaign period, the defendant carried out an election campaign by resisting support from D to 20 members who intend to be a candidate for an election of the head of the association.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, E, F, G, and H

1. Subparagraph 1 of Article 66 and Article 24 (1) of the Act on Entrusted Elections by Public Organizations, etc. under the corresponding laws on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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