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(영문) 인천지방법원 2015.09.10 2015고단4833
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was elected after going to the election of the head of the DDR, which was implemented on March 11, 2015.

No one shall visit an elector (including persons eligible to be entered in the electoral register before the preparation of the electoral register) door, or have him gather it in a specific place for an election campaign.

Nevertheless, the Defendant, at around 09:00 on March 7, 2015, visited 9 members for an election campaign by visiting each member’s house to ask for support related to the election of the president of the association, such as visiting each member’s house from around 09:0 to 13:30 on the same day, by finding out the house of F in E, and saying, “D..........., this election was taken out in this election,” and visiting 9 members for an election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to investigation reports (M on-site investigations), M quantity books, photographs of the residence of members, and investigation reports (M members list);

1. Article 66 Subparag. 11 and Article 38 of the Act on Entrusted Elections such as Public Organizations, etc. that choose the relevant laws concerning criminal facts and punishment, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the impartiality of the core value of the election is impaired due to the crime in this case. The election of the head of the association is relatively small, and thus the above illegal act is likely to have a significant impact on the election. Although the defendant was elected by more than 10% of the next person with higher rank, it is difficult to give any meaning to the result as long as the election process is not fair, there is no same record, but it is hard to give three times criminal records of fines, the fact that there is no same record, the fact that the crime is recognized and against other circumstances that result in the crime in this case, including a crime, the age, character and behavior, the environment, and the motive and circumstances that

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