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(영문) 부산지방법원 2017.08.04 2017고합288

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 9, 2017, the defendant, as the head of the D Hospital in Busan, reported the installation of abode voting booths to the competent E election management commission on behalf of the head of the D Hospital on April 11, 2017 in relation to the 19th presidential election implemented on May 9, 2017.

Around April 10, 2017, the Defendant, at the administrative office of the foregoing D Hospital, had already been discharged from the above D Hospital on April 26, 201 (the death of July 7, 2011) and at his/her own discretion, made a report of residence voting in his/her name without confirming the intention of G discharged from the above D Hospital on March 16, 2017, and submitted it to the head of the Eup/Myeon/Dong-gu Seoul Special Metropolitan City Council around April 12, 2017 by sending the registration to the I Post located in Busan Special Metropolitan City on April 12, 2017.

Accordingly, the defendant made a false report on the net F and G.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and an investigation report;

1. Application of Acts and subordinate statutes to the status of patients with financial resources of the D hospital, list of persons who reported their residence voting, copies of each abode voting report on G and F (1919) and investigation report (35 Nos. 75 of evidence list);

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. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes against a violation of the Public Official Election Act against a netF with heavy circumstances);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the provisional payment order.

1. Scope of punishment: Fines of 50,000 to 5 million won;

2. The instant crime committed by the Defendant was committed with respect to the deceased F and G by preparing a report on the residence voting of the patients in the convalescent hospital where the Defendant works.

Such an offense is against the free will of eligible voters.

In addition, in order to reflect the will of other persons who are not the principal in the election, the fairness of election, which is the foundation of democracy, is harmed.