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(영문) 대구지방법원 2019.10.31 2019고단2904
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was elected as the head of a cooperative B (hereinafter referred to as “B cooperative”) in the 2nd election of the head of a cooperative nationwide, which was implemented on March 13, 2019.

The second time of an election campaign period for the head of a national cooperative shall be from February 28, 2019, which is the day immediately following the deadline for the registration of candidates to March 12, 2019, and no election campaign shall be conducted when it is not an election campaign period.

Nevertheless, on March 13, 2019, the election day, from around 08:54 to November 36, 2019, the Defendant carried out an election campaign by means of personnel management and good faith against the members of the association, who were voting at the entrance of the first floor voting place at the Sinsan City, B from around 08:54, to around 11:36.

Accordingly, the defendant carried out an election campaign when it is not an election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Article 66 Subparag. 1 and Article 24(2) of the Act on Entrusted Elections, such as a relevant law about criminal facts and a public organization selected to impose a sentence, etc., selection of fines;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse is that the defendant is unable to carry out an election campaign on the election day, but he was engaged in an election campaign by means of personnel administration in the vicinity of an economic business place, and the crime is inferior in terms of the fairness of election.

However, it appears that the defendant's act of crime in this case is against his name, and 66.91% of the members who attended voting was elected with 1,359 votes, and the number of votes obtained by the candidate 439 (21.61%) and 439 (21.61% of the number of votes obtained) among the members who attended voting is large different, and it seems that the crime in this case is not likely to have an effect on the result of election, and it is the primary offender who has no record of punishment so far, and the circumstances of sentencing specified in the records of this case such as the defendant's age, character and behavior, family relationship, and conditions

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