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(영문) 울산지방법원 2016.11.18 2016고합271

공직선거법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who works as a social welfare worker at a medical care center called "E" located in Yangyang-si, Chungcheongnam-si.

1. The Defendant shall be given the same year in the E, Habman on March 2016, 2016.

4. In relation to the election of the 20th National Assembly member scheduled to be carried out. The election of the 20th National Assembly member, without verifying the intention of F to vote at the residence of the patient, was made by arbitrarily preparing 49 persons who reported F as the reporter in the form of the abode polling report and attaching the F’s seal, as shown in the attached list of crimes, and then sending the report to the Eup/Myeon/Dong office having jurisdiction over his/her address.

Accordingly, the defendant made a false entry report.

2. Around April 6, 2016, the Defendant destroyed a ballot paper by means of a document scrap 31 ballot paper that some of the patients did not cast a vote, after holding a abode voting in accordance with the above “E” in accordance with the abode polling scheme.

Accordingly, the Defendant damaged the ballot paper 31.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that the defendant reported his/her residence voting without confirming his/her intention to cast his/her residence voting, as stated in the facts constituting the crime at the time of the market, and breaking the ballot paper);

1. Each legal statement of G, H, I, and J;

1. Matters of accusation against a violation of the Public Official Election Act, matters of guidance on the system for the establishment of polling stations in facilities, G's confirmation, H's confirmation, I's certificate, I's list of reported abode voters, list of reported abode voters, reported abode voters, reply materials requested for delivery of reported abode voters, copies of reported abode, and current status of residence voters' voting;

1. Application of Acts and subordinate statutes to a report on investigation (fact-finding - counterpart to the support group for the election of the chief executive officer in Yangsan-si), and a report on investigation (31 copies of ballot papers);

1. Relevant Article 247 of the Public Official Election Act and Article 247 of the Election Act concerning criminal facts.