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(영문) 창원지방법원 2015.11.18 2015노1559
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The summary of the facts charged is the relative of G (party) who was a candidate for the president of the association, and the defendant delivered a sum of KRW 1,700,000 in cash to B for election campaign by requesting the support of G in a sense that "at least 1,700,000 won is requested by the Do Governor," which is a member of the association, and provided money to the elector B for election campaign purposes. The defendant carried out election campaign at least 14 times in total by requesting the support of the G candidate against nearby village residents as shown in the list of crimes attached to the judgment of the court below

B. The legislative purpose and reason for the enactment of the Act on Entrusted Elections such as Public Organizations, Etc. (1) regional agricultural cooperatives have the character of judicial person. The election of the head of a regional agricultural cooperative is relatively narrow in the scope of constituency or elector, and the voters are relatively small, and thus, have a direct relationship with the ideology of realizing the sovereignty or representative democracy and the realization of the local autonomy system as prescribed by the Constitution, such as the realization of the principle of realizing the sovereignty or representative democracy and the realization of the local autonomy system. Therefore, in the case of local agricultural cooperative executives, there is a strong tendency of regional closure as it is extremely high in terms of solidarity between the electors and candidates supported by the provision of money and goods, and the possibility of excessive, mixed, or proportional election due to the provision of money and goods is considerably higher than the election of public officials, and there is a significant influence on election (see, e.g., Constitutional Court en banc Decision 2011Hun-Ba154, Feb. 23, 2012; Constitutional Court en banc Decision 2013Hun-Ba15, Jul. 215, 216, 2015.

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