공직선거법위반
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, at around 16:20 on May 31, 2014, when he lacks the ability to discern things or make decisions due to the interrogrosis, the Defendant assaulted the back head of the above G G, which was kept on the floor, one time on the top of the hands-on, when the Defendant issued the Defendant a written campaign to the head of Bupyeong-gu Incheon Bupyeong-gu E-gu, Incheon, and the victim G (the 35 years old), an election campaign worker (the 35 years old), who was a father-gu E-gu, sent as a candidate for the political party in the sixth-time nationwide local election, from May 31, 2014. < Amended by Act No. 12574, May 31, 2014>
As a result, the defendant assaulted the election campaign worker G in relation to the election.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. The report on appointment (G and H) of the victim, including clothes, photographs, election campaign workers, etc., in which the victim G was suffering, and the investigation report (F written campaign promises attached);
1. Mental health and injury: according to the defendant's statement attitude in this court, investigation report (not summons A), and diagnosis report, it is recognized that the defendant was in a state where the defendant lacks the ability to discern things or make decisions due to a mental disorder at the time of committing the crime in this case.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);
1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);
1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;
1. The scope of punishment: Fines of 1250,000 to 7.5 million won;
2. Decision on the sentencing criteria does not set the sentencing criteria: < Amended by Act No. 1500, Dec. 3, 2008>