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(영문) 수원지방법원 안산지원 2016.12.09 2016고합316

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

The defendant is a person who was elected in the election district of F Party in the 20th National Assembly member election as the E-party candidate.

No one shall make a false report on the resident registration with the intention of casting the vote in a specific election district from 180 days before the record date for the preparation of the electoral registry to the day when the preparation of the electoral registry is completed ( March 26, 2

Nevertheless, the Defendant, at the Hdong Office located in G on February 15, 2016 for the purpose of casting a vote, prepared a move-in report with the purport that the Defendant, at the Hdong Office located in G on February 15, 2016, the Defendant transferred the Dong K, G, L, and three married M, to the said Dong Office, “J apartment 5-dong 8, a Dong-in domicile.”

Accordingly, the defendant filed a false report on resident registration for the purpose of casting a vote in a specific election district.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness N;

1. A written statement of theO;

1. Investigation report (including attached documents, reporting on the result of an inquiry into the entry into or departure from the Republic of Korea into or departure from the Republic of Korea by a defendant or his/her father), investigation report (including documents attached to a report on the analysis of the consumption of electricity and heating in possession of the defendant or his/her family members), investigation report

1. An abstract of each resident registration;

1. Application of Acts and subordinate statutes to notification of the results of the administrative announcement, the first pass schedule, and the request for each SK Telecom;

1. Article 247 (1) of the Public Official Election Act concerning criminal facts;

1. The facts constituting the crime of this case in which the ordinary concurrent crimes stated that “the defendant filed a false report on resident registration for the purpose of casting a vote in a specific constituency.” Since the applicable provisions of Article 40 of the Criminal Act to the defendant are not stated in the applicable provisions of the Act, the defendant's act of filing a false report on resident registration is deemed to have been prosecuted for one crime, stating his family in the transfer report.

However, Article 247 (1) of the Public Official Election Act is a provision that intends to ensure the fairness of election by punishing the act of exercising the right to vote in an unlawful way.