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(영문) 청주지방법원 제천지원 2017.12.15 2017고합41

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a social worker who works as a director in charge of social support in D', which is a residential facility for persons with intellectual disabilities in Chungcheongbuk C.

In spite of the fact that no one makes a false abode polling report, the Defendant, at the office of “D” around April 14, 2017, without confirming the intention of the first-class mentally disabled E, who resides in the office of “D” on May 9, 2017, and without confirming the intention of the person with disabilities of the 19th presidential election related to the 19th presidential election, which was conducted on May 9, 2017, arbitrarily printed out the abode polling report stated in E in the reporter column, and kept it in advance next to the reporter.

E’s seal, and around April 15, 2017, submitted it to the F Residents’ Self-Governing Center, and made a false abode report to E, and in the same way, 14 persons with disabilities living in the facilities indicated in the list of crimes in the attached Form were reported to visit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement made to G, H, I, and J;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as a list of abode voters, a list of reported abode voters, a report on each abode voting, a verification of a reporter of DNA abode voting, and a welfare card

1. Article 247 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 247 (1) of the Act on the Election of Criminal Officials;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in a crime of violation of the Election of Public Offices Act against E, the largest punishment for concurrent crimes);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Fines of 50,000 to 7,500,000 won;

2. The sentencing guidelines are not set. The crime of this case was committed by the defendant in a false manner against the intellectual disabled persons who reside in the residential facilities for the intellectual disabled persons in which the defendant works.

Such an offense is against the free will of eligible voters, and is against the will of other persons who are not the principal.