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(영문) 인천지방법원 2014.12.19 2014고합705

공직선거법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant visited to vote at a polling station located in the Nam-gu, Nam-gu, Nam-gu, Incheon Metropolitan City in order to vote, and the victim C (the age of 64) is the vice-chairperson of the National Dong local election D election commission.

On June 4, 2014, around 08:30 on June 4, 2014, the Defendant is established at a State Library 27, Nam-gu, Incheon Metropolitan City.

6.4. Voting was carried out before the entrance of the local election polling station, and a speech or behavior supporting a specific political party or candidate was made by referring to “We must affix a person even before all she is stamped” and referring to “W.”

D The victim, who is a vice-chairperson of the election commission, committed a violation of the law when supporting a specific candidate or avoiding a disturbance in the polling station, and forced him to refrain from disturbing voting. However, the defendant continued to refuse to comply with it, and the defendant continued to interfere with his voting by stating that "I am feasia, v. N. I am s. I am s. I am s. I am s. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I. am. I. am.

Therefore, the defendant, while taking a bath for the victim, removed a certificate of wearing a Vice-Chairperson of the Election Commission, which was suffering from a victim's loss by hand, and laid the victim's breath by hand, and then breath of the victim's breath.

Accordingly, the defendant assaulted a person engaged in election affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Article 244 (1) of the Public Official Election Act applicable to criminal facts and Article 244 (1) of the Election Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing following the period of suspended execution);

1. The range of applicable sentences: Imprisonment for six months to five years.