beta
(영문) 서울북부지방법원 2014.08.01 2014고합203

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

If a person makes a disturbing speech or behavior in the polling station, officials in charge of voting management or voting clerks shall restrain it, may withdraw from the polling station, and shall not refuse any order thereof.

또한 선거관리위원회의 위원ㆍ직원, 선거부정감시단원ㆍ사이버선거부정감시단원, 투표사무원ㆍ사전투표사무원ㆍ개표사무원, 참관인 기타 선거사무에 종사하는 자를 폭행하여서는 아니 된다.

1. On June 4, 2014, the Defendant refused to comply with an order of disturbance and official in charge of voting management, the Defendant was unable to avoid disturbance while doing any act that could interfere with voting, such as going back to the above polling station, at the E polling station established in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, where the voting was held in the 6th nationwide local election.

The official in charge of voting management ordered the accused to leave the above polling station, but the accused did not comply with this.

2. The Defendant assaulted officials in charge of voting management, at the date, time, place, and place described in Paragraph 1, that official in charge of voting management prevents the Defendant from disturbing any disturbance by ordering the Defendant to leave the polling station, and assaulted F’s chest by keeping the Defendant’s chest in good hand and using shopping bags filled by his hand with F’s fingers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes notifying departments related to 112 reported cases;

1. Relevant legal provisions concerning facts constituting an offense, Articles 256 (3) 2 (f), 166 (1) ( point of refusing to comply with orders from officials in charge of voting management, selection of fines) of the Public Official Election Act, Article 244 (1) of the Public Official Election Act (the point of violence committed to officials in charge of voting management, and

1. Of concurrent crimes, the maximum amount of the penalty prescribed in the crime of violating the Public Official Election Act due to violence committed by officials in charge of voting management with heavier punishment than punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be the same;