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(영문) 전주지방법원 2020.08.12 2019노1754
공공단체등위탁선거에관한법률위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendant gave KRW 100,00 to E at the date and place stated in the facts constituting the crime in the judgment below, there is no fact that the Defendant paid the exceeding amount, and as well as E is a person who is not qualified as a member of a cooperative of B (hereinafter “B cooperative”) because he is not a farmer as prescribed by the Agricultural Cooperatives Act, the elector is not a “ elector”, the judgment of the court below convicting the Defendant of the facts in the instant case on the premise that E is an elector, and even if it is not so, it is unfair that the court below’s punishment (two million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The Defendant, on March 13, 2019, posted the instant facts charged to him as a candidate for the election of president of a cooperative (hereinafter “instant election”) in the second election of president of a cooperative nationwide (hereinafter “instant election”) that was conducted on March 13, 2019.

No one shall provide, or express an intention to provide, or promise to provide, money, goods, entertainment, other property benefits, or a public or private job to an elector, his/her family member, or an institution, organization, or facility established or operated by an elector, his/her family member, or his/her family member, for an

그럼에도 불구하고 피고인은 2019. 2. 7. 14:30경 전북 완주군 C에 있는 D 내에서 선거인인 E에게 ‘아는 조합원 명단을 주고, 그 조합원들에게 내 이름 좀 말해 달라, 무슨 일 있으면 전화를 달라.’라는 취지로 말하면서 현금 30만 원(5만 원권 6장)을 그의 상의 주머니에 넣고, 자신의 명함을 건넸다.

As a result, the defendant provided 30,000 won in cash to the elector E for election campaign.

B. We examine whether E is a “ elector” or not. A. The prosecutor above.

As seen in this subsection, the date and time stated in the facts charged by the Defendant.

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