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(영문) 대전지방법원 공주지원 2015.08.21 2015고단185
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a member of the D's election campaign who was killed in the C's election for the head of the C's association implemented on March 11, 2015.

No one shall make a contribution for a candidate with respect to the relevant entrusted election during the period of restriction on contribution acts, and no person, other than a candidate, shall conduct an election campaign.

Nevertheless, on March 1, 2015, the Defendant issued a title 1 and a title 50,000 won labbb and a title 50,000 won lab, stating that the Defendant “D” is “D” to G, a member of the said C’s association, working at the place, who is a member of the said C’s association.

As a result, the defendant made a contribution to the entrusted election for the candidate during the period of restriction on the contribution act, and at the same time made an election campaign by a person who is not a candidate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. C candidate list;

1. Application of D’s laws and regulations

1. Articles 59 and 35 (2) of the Act on Commissioned Elections for facts constituting an offense, and subparagraphs 1 and 24 of Article 6 of the Act on Commissioned Elections by Public Organizations, etc. (the point of violation of restrictions on contributions), Articles 66 and 24 of the Act on Commissioned Elections by Public Organizations, etc.;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Act on Entrusted Elections by Public Organizations, etc. due to a violation of any restriction on an excessive contribution act);

1. Selection of an alternative fine for punishment;

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

1. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, in relation to the order of provisional payment, committed an election campaign, in which criminal punishment corresponding to the suspended sentence of imprisonment was prohibited despite the past history of the election campaign, thereby guaranteeing equal opportunities among the candidates, and preventing excessive competition and waste, thereby impairing the purport of the Act on Entrusted Elections by public organizations, etc., and further, granting money and valuables to the voters

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