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(영문) 창원지방법원 진주지원 2019.10.23 2019고단1036
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a member of the B Association, and a member of D who was born out of the second C Association president election on March 13, 2019.

No one shall conduct an election campaign, except in cases where a candidate conducts an election campaign from February 28, 2019 to March 12, 2019, which is from February 28, 2019, the day following the deadline for the registration of candidates.

1. On February 19, 2019, the Defendant filed an appeal for D’s support with the purport that “No matter is attributable to it,” in relation to the above election, at the F’s vinylhouse of the elector of the instant election in Jinju-si, Jin-si, the Defendant filed an appeal for D’s support.”

Accordingly, even if the defendant is not a candidate, he carried out an election campaign when he is not a candidate.

2. On March 3, 2019, the Defendant committed the crime of March 3, 2019, in the Defendant’s residence located in Jinju-si on March 3, 2019, telephone conversations with the elector H in the instant election at the Defendant’s residence located in Jin-si, and the Defendant complained of D’s support.

Accordingly, the defendant carried out an election campaign even though he is not a candidate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Application of the Act and subordinate statutes governing communications confirmation data to the electoral name group of B cooperatives, mobile phone calls of the defendant;

1. Article 6 subparagraph 1 of Article 66, Article 24 (2) of the Act on Elections Entrusted by relevant legal entities or public organizations, etc. concerning facts constituting an offense (a point where an election campaign is conducted in addition to the period of election campaign), subparagraph 1 of Article 6, and Article 24 (1) of the Act on Elections Commissioned by Public Organizations, etc. (a point where a person who is not

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

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

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