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(영문) 광주지방법원 2020.10.13 2020노292
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding, misunderstanding of the legal principles, and unreasonable sentencing) stated that the Defendant was able to health after D was strokeed into stroke, and that 50,000 won was paid in cash to hospital expenses (hereinafter “the instant money”) on March 7, 2019, and that 50,000 won was to be used for hospital expenses (hereinafter “the instant money”), and that the instant money was not granted upon request for support by the president of the partnership.

It does not constitute an act of purchasing the instant money by the elector prohibited under subparagraph 1 of Article 58 of the Act on Entrusted Elections by Public Organizations, Etc., even if there is room for the Defendant to constitute a contribution act by the candidate prohibited under Article 59 of the same Act.

Even if so, even if not, the lower court’s punishment (fines 7,000,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, it is recognized that the Defendant asked D to support himself in the election of the president of the cooperative and provided the instant money. Such Defendant’s act constitutes an act of purchasing the elector prohibited by Article 58 subparag. 1 of the Act on Entrusted Elections by Public Organizations, Etc.

In the same purport, the lower judgment that found the Defendant guilty of the facts charged of this case is justifiable. In so doing, contrary to the Defendant’s assertion, the lower court did not err by

1 D was present at the H election commission on March 8, 2019 on the day following the day on which the instant money was received, and the Defendant provided the instant money, stating that “I tried to help her candidate for the instant election. I tried to cooperate.” On March 9, 2019, the Defendant appeared at the H election commission and asked for the payment of the instant money, and the Defendant was divided into two parts.

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