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(영문) 수원지방법원 2016.06.30 2015노5305
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles 1) Mamatoco coa provided by the Defendant to the members of the D Agricultural Cooperative is made by using a stomatomato, such as stomato, without commercial characteristics, and for the promotion and promotion of eco-friendly natives produced by the Defendant. Thus, this constitutes a case where the act in the duties or an ordinary act under Article 33(1)1, 2, and 4 of the Act on Entrusted Elections by Public Organizations, Etc. is not considered as a contribution act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

2) Considering the background behind the Defendant’s provision of coaguns to the said members and the market price of the extract, the Defendant’s act is excluded from illegality as it does not go against the socially accepted rules.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

3) The coaguap provided by the Defendant to the said members does not value 1,170 won to 1,560 won. Nevertheless, the lower court erred by misapprehending the legal doctrine on the calculation of the amount of donations, which recognized the market price of the coaguap 1 box as approximately KRW 7,000.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion that the act of contribution does not constitute a contribution act. Article 32 of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”) provides that “The act of contribution refers to the act of offering money, goods, or other property benefits to the elector, etc., or expressing an intention to provide such benefits or promising to provide such benefits.” Article 35(1) of the same Act provides that “A candidate (including a person who intends to become a candidate) may make a contribution during the contribution-restricted period.”

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