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(영문) 대구지방법원 서부지원 2019.11.29 2019고단1782 (1)
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B was elected on March 13, 2019 as a candidate for the election of the president of a cooperative in the second election of the president of a cooperative in the Dong-si nationwide (hereinafter referred to as "the above C cooperative").

The defendant is the person of the above B.

On March 1, 2019, at around 18:03, the Defendant confirmed whether a member D of the above CFD was a member of the CFD and provided money to the elector for an election campaign by requesting support from B by stating that “one member B would be asked” at around 18:10 on the same day, and “one member B will be asked” at around 18:10 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutor's statement concerning D;

1. D's written confirmation;

1. Application of Acts and subordinate statutes to a investigative report (report on confirmation of a person who has subscribed to the Excursion telephone), a request for the provision of communication confirmation data and replies, a criminal investigation report (related to the verification of suspect identification numbers in the D call details of reference witnesses), a request for the provision of communication data, a response to a request for the provision of communication data, a report on an investigation (specific report on the suspect and the date and time of a crime), a list of union members, a report on an investigation (Analysis of suspect's telephone details and the location analysis of

1. Article 58 of the relevant Act on Criminal Facts and Article 58 of the Act on Entrusted Elections by Public Organizations, etc. Selection of Fines;

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

1. The crime related to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is a reason for sentencing, requires strict punishment as the crime is bad, and the defendant denies the crime (the defendant is found guilty in full view of the above evidence, such as witness D’s legal statement, etc.) is unfavorable to the defendant.

The number of crimes is one time and the amount provided is relatively small, and there are no criminal records of the same kind, which are favorable to the defendant.

Other details of the crime, method of crime, degree of crime, circumstances after the crime, and records of crime.

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