2015fixed 515 Commissioned Election Act by Public Organizations, etc.

OOO(1950scamy), Agriculture

Kim Jong-soo (prosecution) and a trial in the case of a family;

July 6, 2015

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is a person engaged in agriculture.

The defendant is the elector in the election of the head of the cooperative head at the first time, which was implemented on March 11, 2015, as a member of the Seocho Agricultural Cooperative.

No one shall publish false facts about a candidate, his/her spouse, lineal ascendants or descendants, or siblings disadvantageous to the candidate by means of the election campaign bulletin or other means, with the intention of preventing the election from being elected, and no one shall conduct an election campaign in any way, except where the candidate conducts an election campaign pursuant to the provisions of the

피고인은 2015. 2. 26. 16:44경 서귀포시 토평동에 있는 피고인 소유 밭에서 피고인 의 휴대전화(010 -3694-****)로 위 조합의 조합원이며 선거인인 김○○에게 전화를 걸 어 "너는 누굴 찍을 거냐"라고 말문을 연 다음 "이번에 곧은 사람(조합장 당선자 현이 ○을 칭함)을 찍자. 조합장(낙선자인 당시 조합장 강○○을 칭함) 이 제주시에 땅도 사 고 집도 샀다고 하더라. 지금 토평지점에 근무하는 조카(김○○의 조카를 칭함)가 줄을 잘못 서면 아오지 탄광에 보내질 것이다. 현○○의 각시 (처 ) 가 꽝 ( 뼈 ) 와 거죽 ( 가죽 ) 밖에 없더라, 우리가 도와야 할 것 아니냐."라고 말하였다.

However, the above ○○ does not own real estate at the time of the proposal.

As a result, the Defendant published false facts about the property status of ○○, which is disadvantageous to the above Gangwon-do○, with a view to preventing the above ○○ from being elected, and carried out an election campaign for the above ○○○.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to facts constituting an offense and selection of a sentence: Article 61 of the Act on Entrusted Elections by Public Organizations, Etc.;

Article 66(1) of Act on Entrusted Elections such as Public Organizations, Article 66(2)(the publication of false facts),

Article 24 (1) (the point of election campaign by any person other than a candidate), and the selection of each fine

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

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

It is so decided as per Disposition for the above reasons.

Degree of Nature