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(영문) 의정부지방법원 고양지원 2020.06.16 2020고합96

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall make a small speech or behavior within 100 meters from the polling station or the polling station.

Nevertheless, on April 10, 2020, the Defendant: (a) at C advance polling stations located in Seoyang-gu, Seoyang-gu, Seoyang-gu; (b) received ballot papers; and (c) received the ballot papers, and then conducted a disturbing speech and behavior inside and outside of the advance polling stations despite the Defendant’s demand for the proposal and eviction of the advance polling station E at the advance polling station election management officer’s advance polling station that restrains the demand, thereby failing to comply therewith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site audio recordings;

1. Recording records;

1. Notification of investigation data;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 3);

1. Article 256 (3) 2 (f), and Article 166 (1) of the Public Official Election Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Scope of recommended sentences according to the sentencing criteria: The same shall not apply to cases where the sentencing criteria are set.

3. Determination of sentence: The crime of this case in which the defendant unilaterally expressed his position only, and refused to comply with the legitimate order of election campaign workers, and delayed voting by other voting participants; thus, it is against the purport of the Public Official Election Act to contribute to the development of democratic politics and to ensure fair and peaceful voting procedures in a polling station where an election for public office is being held, and the nature of the crime is not good in light of the defendant's speech and behavior and the duration during which the crime is continued.

However, the fact that the defendant's mistake is recognized and contradictory to his or her own mistake, and at that time he or she spreads his or her nose 19, but the defendant is concerned about the disease control.