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(영문) 창원지방법원 밀양지원 2014.10.24 2014고합36

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

On June 4, 2014, the Defendants: (a) reported by E, a candidate for nationwide local elections D; and (b) on October 4, 2013, Defendant F, the husband of the Defendant F, was found to have been sentenced to imprisonment due to the detection of having provided money and valuables to the NA representatives while going out in an election for the standing director of the G Agricultural Cooperative; and (c) was sentenced to imprisonment.

1. On May 27, 2014, Defendant A appeared to be a witness in the I Park Ha, around 16:17, at around 16:17, in order to witness the E in which he was preparing for election campaign, and the many unspecified local residents have observed, Defendant A was also punished by imprisonment with prison labor for drinking, for assaulting the female sex of Nannam, and for working for the E inhumane.

Accordingly, the above defendant slandered the candidate by openly pointing out facts with the aim of preventing the candidate from being elected.

2. 피고인 B 피고인 B은 위와 같은 일시, 장소에서 피해자 E에게 “개 같은 놈아 무슨 낯짝으로 다니노 내가 니 얼마나 찾아 다녔는지 아나 여기서 수백 년 선거를 해도 니 같은 놈은 없다”라고 소리를 치면서 오른손으로 E의 왼쪽 뺨을 1회 때리고, 양손으로 E의 멱살을 잡아 흔들었다.

Accordingly, the above defendant assaulted the candidate about the election.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Protocol of partial police statements to J;

1. Investigation reports (verification of criminal records), case search, and application of statutes governing judgment;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 251 of the Public Official Election Act (Selection of Fines);

B. Defendant B: Article 237(1)1 of the Public Official Election Act (Selection of Fines)

1. Discretionary mitigation Defendant B: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances deemed favorable for the reason of sentencing);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: each of the Criminal Procedure Act.