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(영문) 수원지방법원 평택지원 2015.06.12 2015고단613
공공단체등위탁선거에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

On March 11, 2015, A was selected as a candidate for the director of the CFF in the first election of the head of the CFF at the same time, and the defendant B is the friendship of the defendant A and the head of A in Ansan City.

No one shall conduct an election campaign prior to the election campaign period, and make door-to-door visits for an election campaign, and no person other than a candidate shall conduct an election campaign in any way.

Nevertheless, at around 09:00 to 12:00 on February 5, 2015, Defendants complained of support as follows: “I will visit the house in the name of the CF member of the CF in Ansan-si, and visit the house in the name of 40 members of the CF residing in D.”

As a result, the Defendants conspired to engage in an election campaign when it is not the election campaign period, visited door to door for the election campaign, and Defendant B did an election campaign even though it is not the candidate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of each statute of G, H, I, J, K and L

1. Article applicable to criminal facts;

A. Defendant A: Articles 66 subparag. 1 and 24(2) of the Act on Commissioned Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”); Article 30 of the Criminal Act; Articles 66 subparag. 11 and 38 of the Commissioned Election Act; Article 30 of the Criminal Act (including the point of door-to-door visits; hereinafter “Entrusted Election Act”); Article 30 of the Criminal Act

(b) Defendant B: Article 66 Subparag. 1 and Article 24(2) of the Commissioned Election Act, Article 30 of the Criminal Act, Article 66 Subparag. 11 and Article 38 of the Commissioned Election Act, Article 30 of the Criminal Act, Article 66 Subparag. 11 of the Commissioned Election Act, Article 66 Subparag. 1 and Article 24(1) of the Commissioned Election Act (a violation of restrictions on the main body of an election campaign);

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

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

1. The crime of this case with the reason of sentencing of Article 334(1) of the Criminal Procedure Act, each of the provisional payment orders, shall be conducted before the election campaign period for the nationwide election of the head of the association.

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