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(영문) 광주지방법원 2015.09.10 2015고단2452
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

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

Reasons

Punishment of the crime

The Defendant is a member of the Sungsung-gun Agricultural Cooperative (hereinafter referred to as “BF”).

Any person, other than a candidate, shall not engage in an election campaign by any means, and a candidate shall not engage in an election campaign by any means, except by distributing election campaign bulletins, attaching campaign posters, any lake and marsh using a shoulder belt, any lake and marsh using a telephone text message information and communications network, and any appeal and distribution of name cards at an open place where many people pass or gather, and an election campaign may be conducted only from the day after the deadline for the registration of the deadline for the registration of the candidates until the day preceding the election day. However, the defendant, other than the candidate for the BF election, who is not a candidate for the BF election, was willing to engage in an election campaign for C for the election of the head of the BFF

On November 20, 2014, the Defendant provided F with cash KRW 600,000,000,000 on the first floor of the E Hospital located in Gwangju Mine-gu, stating that “C Slanders are not friendly and Do.”

Thus, even if the defendant is not a candidate, he carried out an election campaign in a way that does not conform to the provisions of the Act on Elections by Public Organizations, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of the accused by the public prosecutor;

1. Each written statement of prosecutor F;

1. Application of Acts and subordinate statutes to a complaint, on-site photographs, and a statement of monetary tax statements (Evidence Nos. 2, 12, 17)

1. Subparagraph 1 of Article 66 and Article 24 (Selection of Fines) of the Act on Elections Commissioned by Relevant International Organizations, etc. for Criminal Crimes.

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act reflects the mistake of the Defendant in committing the instant crime.

This case is a crime detrimental to the fairness of election and has a significant social harm, but it is a single criminal, regardless of the candidate, and all the circumstances revealed in the course of investigation and trial, such as the fact that the criminal was committed in this case.

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