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(영문) 대구지방법원 서부지원 2015.05.07 2015고단484
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a member of the C Livestock Industry Cooperatives (hereinafter referred to as the “CF”).

No one shall provide any financial or other property benefits to any elector (including a person eligible to enter in the electoral register before preparing the electoral register) for an election campaign in connection with the first time of an election for the head of the national Dong-si Cooperative, which was implemented on March 11, 2015.

1. On February 2, 2015, the Defendant offered KRW 300,000,000 in cash to D, who provided money and valuables to members D, with the phrase “F upon the request of C&F members,” for the purpose of election campaign by the candidate F for the election of the candidate for the C&F president of the C&F cooperative,” at D’s vinyl house located in the Gyeong-gun, Northbuk-gun, North Korea, 12:0 to 13:00,000.”

2. On February 12, 2015, the Defendant offered 400,000 won in cash to L, M, and N, while engaging in an election campaign for the candidate F for the election of the head of the C&C association, within the K-U.K., which was parked in front of the community hall located in the J of the North Korean People's Republic of Korea, around 12:00 on February 2, 2015, the Defendant provided 30,000 won in cash.

Accordingly, the defendant provided 70,000 won in total to D and I who are qualified as the elector in the first time election of the head of the National Federation of the Korea Federation for the purpose of election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each prosecutor's statement concerning I and D;

1. Application of Acts and subordinate statutes to the protocol of seizure (Evidence No. 27);

1. Article 58 subparagraph 1 of the Act on Entrusted Elections, such as a relevant Article of the facts constituting an offense and a public organization that selects a sentence, and choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant for the reasons for sentencing under Articles 60 and 58 of the Act on Entrusted Elections, such as Confiscation Public Organizations, etc.

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