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(영문) 창원지방법원 통영지원 2019.10.17 2019고단634
공공단체등위탁선거에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2019, the defendant was elected from the second election of the head of a cooperative throughout the country.

No one shall offer, express an intention to offer, or promise to offer money, goods, entertainment, or other property benefits to an elector or his/her family members for an election campaign.

Nevertheless, at around 15:50 on March 12, 2019, the Defendant complained of the members of the D Kawn Association E within the D Kawn-si parked in front of the C Kawn-si, “this is the last election. It is asked to be elected at this time,” and then issued a white bag containing three million won in cash to the above E, but the above E reported this to the election commission.

Accordingly, the defendant expressed his intention to provide money to the elector for election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each photograph;

1. List of electors;

1. A list of candidates, the status of confirmation of the list of electors, and election affairs schedule;

1. Analysis of details of each currency;

1. Details of each A account;

1. Written replys to the results of DNA appraisal;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 58 subparagraph 1 of the Act on the Election of Commissioned Public Organizations, etc. that choose a specific crime, Article 58 of the Act on the Election of Electors and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The punishment for the crime of this case in that the defendant, on the grounds of sentencing in the main sentence of Article 60 of the Act on Elections Commissioned by Confiscation Public Organizations, etc., expressed his/her intention to provide money and goods to the members who are eligible for the punishment, thereby impairing the fairness of the election of the president

However, it is clear that the defendant is responsible for the crime of this case at the investigation stage after being elected as the head of the association, and is released from the office, that he is proceding and deeply against the crime, that he has no record of the same crime, and that he has social ties.

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