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(영문) 춘천지방법원 영월지원 2020.06.09 2019고단362
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

On March 13, 2019, the defendant was born to the president of a cooperative throughout the 2nd election of the head of a cooperative throughout the country.

At around 16:30 on February 7, 2019, the Defendant collected four parts of 50,000 won labbbing and labing with the members E at D neighboring warehouses located in Gangseo-gun, Gangseo-gun, Suwon-gun, and the Defendant collected four parts of labing labing and labing labing with the members E.

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

Summary of Evidence

1. Each legal statement of witness E and F;

1. 112 Report processing sheet, recording CD and recording form, each statement of deposit transactions, investigation report (written submission at will of KRW 200,000,000), response to appraisal request, details of communication, B general list of voters, investigation report (in the place of crime, correction from G to C), investigation report (in the form of output of online news related to the suspect going out and out of the suspect), investigation report (in the form of files of output of online news related to the suspect's going out and out of February 7, 2019), investigation report (verification of communication and financial settlement information related to the suspect's going out of February 7,

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 subparagraph 1 of the Act on Entrusted Elections and Selection of Imprisonment with prison labor, such as a relevant Article of the relevant Act on Criminal Facts and a public organization selected to impose a sentence;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the defendant and his defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

1. The summary of the assertion has not been provided to E with KRW 200,000;

On February 7, 2019, the Defendant, on the day of the instant case, did not have any factual difference between E and E.

E is gathering the defendant in collusion with the elected head of the partnership H.

2. The probative value of relevant legal principles is left to the discretion of a judge, but such judgment must be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and evidence recognized as having probative value.

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