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(영문) 대구지방법원 2016.09.02 2015노5106
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only passive measures to arrange the electoral registry in a situation where the board of directors is not opened for the decision of an unqualified member without any notification from the fishing village fraternity, which is most well known of whether the Defendant is a member of the electoral registry, and they do not intentionally

In addition, whether a member is qualified is a matter to be decided by a resolution of the board of directors, and as long as there was no resolution of the board of directors which decided whether a member is disqualified for the 76 persons listed in the annexed list of crimes in the judgment below, his status as a member shall be maintained as it is, it shall not be deemed that a false fact

Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant and the defense counsel as to the assertion of mistake of facts and misapprehension of legal principles, on the ground that the defendant and the defense counsel have the same purport as the grounds for appeal in the original judgment, and on the summary of the evidence

The judgment of the court below is based on the following circumstances and legal provisions, which are acknowledged based on the evidence duly adopted and investigated by the court below and the court below, i.e., ① district fisheries cooperatives under Article 31(3) of the Fisheries Cooperatives Act shall confirm whether all or part of its members falls under any of the subparagraphs of paragraph (2) (Article 31(1)(Article 31(2)(Article 31(3)(Article 31(1): (2)(Article 3: (3) of the Fisheries Cooperatives Act; (4) of the case of death; (5) of the case of bankruptcy

In such cases, the board of directors shall determine whether it falls under paragraph (2) 1.

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