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(영문) 청주지방법원 2017.06.16 2016노1264
공공단체등위탁선거에관한법률위반
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (i) misunderstanding the facts - As to the re-issuance of the electoral register of H, I, and L, the Defendant’s wife - The Defendant’s family members of H, H, I, and L (hereinafter “Defendant’s family members”) are qualified as forest members on the ground that the Defendant and the Defendant were in charge of planting and managing probial trees on the land of J.

must be viewed.

Therefore, the defendant's family members are not listed in the list by false means.

Nevertheless, the court below pronounced guilty of this part of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the court below (one million won in penalty) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor to re-register E, etc., the lower court acquitted the Defendant of this part of the facts charged despite the fact that the Defendant entered E in the forestry cooperative electoral registry by false means, and it erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) the defendant consistently asserts innocence from the time of the investigation as well as the court of the original trial and the trial court; and (b) the summary of the facts charged

No one shall be allowed to enter the electoral register in a false manner.

On September 11, 2014, the Defendant prepared a lease agreement as if H and I leased the area of 2,331 square meters in the G forestry cooperative office located in Chungcheongnambuk-gu, J, and L, and as if L leased the area of 1,402 square meters in the area of 1,402 square meters in the area of J from J respectively, and submitted the application for membership of H, I, and L’s G forest association members to register it on the electoral register of the association members in relation to the election of the president of the association executed on March 11, 2015.

However, there is no fact that H, I, L has cultivated landscaped trees by leasing the above land from J.

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