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(영문) 제주지방법원 2016.06.23 2016고합44

공직선거법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

One knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On April 11, 2016, the Defendant complained of support for the candidate (E party) who was sent to the C constituency in relation to the 20th National Assembly election at the center of the 79 voting line at Seopopo City, Seopo-si, Seopo-si on April 11, 2016.

D by finding the victim F and G, which are the office members of the election, and claiming support for the candidate who does not support the defendant, the victim knife knife that is dangerous articles (18cc in length on the knife knife knife knife knife knife knife knife knife knife knife knife knife knifs

Accordingly, the defendant carried a knife, which is a dangerous object in relation to the election, and threatened election clerks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Seizure records;

1. Each investigation report (Nos. 1, 5, 6, 9, 18, 27)

1. Application of the Acts and subordinate statutes to photographs related to the case, CCTV images to captures, suspect photographs (at the time of arrest), and CCTV image data photographs;

1. Article 237 (1) 1 of the relevant Act on the Election of Public Officials (a point of intimidation by election clerical staff) concerning facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation);

1. Articles 40 and 50 of the Criminal Act concerning conceptual concurrent crimes (Punishments imposed on a person who violates the Election of Public Offices with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a knife, which is a dangerous article of the defendant, and the crime of this case is a threat against the victims of an election that caused an election campaign while on the street, and the nature of the crime is not good.

The defendant's crime of this case seems to have been highly shocked by not only the victims but also persons around the time.

On August 8, 2014, the Defendant filed an appeal with a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a crime of intrusion upon residence, such as a group, deadly weapon, etc.) on the suspension of the execution of six months, and is still in the appellate trial.