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(영문) 광주지방법원 목포지원 2017.03.10 2015고단1011
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who was elected in the election of the head of the CF on March 11, 2015.

1. No person who intends to be a candidate for a violation of the restriction on contributions shall make contributions during the period subject to the restriction on contributions (from September 21, 2014 to March 11, 2015).

Nevertheless, on February 20, 2015, the Defendant provided KRW 300,000 in cash to E, who is a member of C, at the arrival point south D on February 20, 2015.

2. No candidate who sends text messages accompanying photographs shall carry out an election campaign by sending a video message during the election campaign period.

Nevertheless, the Defendant taken photographs from March 6, 2015 to March 13:46, 2015 to the office of the Defendant located in F before the same day from March 6, 2015 to the office of the Defendant, using a mobile phone to take photographs of the Defendant’s face, brief personal records, and the name cards for election campaigns in which marks are inscribed.

I will serve very much for the union members.

Lovey

♡♡♡♡” 라는 문자 메시지에 첨부하여 C 조합원 434명에게 발송하였다.

Summary of Evidence

1. Part concerning the sending of text messages among the facts charged of the instant case in the first trial record in which the Defendant’s partial statement was written;

1. Each legal statement of witness G and H;

1. Entry of the witness E in the second public trial records;

1. The application of the investigation report (as regards the person under investigation on February 20, 2015) , investigation report (as to the base station's confirmation), investigation report (as to the trial call for the confirmation of the base station), response to a request for cooperation in an investigation, response to disciplinary action (compensation), investigation report (as to the attachment of a record), A text message printed out, internal investigation report (as to the attachment of A mobile phone phone contents), Daum guidance 4 copies, and telephone details-related Acts and subordinate statutes.

1. Article 59, Article 35 (1), subparagraph 5 of Article 66, and subparagraph 2 of Article 28 of the Act on Entrusted Elections, such as a relevant law on criminal facts and a public organization selected to impose a sentence: Selection of a fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act is the same.

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