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(영문) 부산지방법원서부지원 2020.08.27 2020고합104

공직선거법위반등

Text

As to the first crime of violation of the Public Official Election Act (violation of the Public Official Election Act), a fine of KRW 3,00,000 shall be imposed, and the second crime of insult of the decision shall be imposed.

Reasons

Punishment of the crime

1. No person who violates the Public Official Election Act shall assault any elector, candidate or candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant, accountant in charge, election campaign speechmaker or elected person in connection with an election;

Nevertheless, at around 16:50 on April 8, 2020, the Defendant discovered that the victim E, a candidate for the 21st National Assembly election, who is a candidate for the 21st National Assembly election, was an election campaign worker of the D candidate for the 21st National Assembly election, and that “D and emergency living expenses are paid 100 million won” on the election campaign vehicle at the election campaign stand, and the above candidate was breabing the victim of the breabbbbbbbing which was boomed in hand on the ground that the said candidate made a false campaign, and assaulted twice the victim’s face.

2. At around 16:55 on the same day, the Defendant, at the same place as 16:55 prior to the same day, insultd the victim by openly talking the victim with a large voice of “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of G’s written statement and written investigation report (Attachment of a report on election campaign workers who prove the identity of a victim), investigation report (Attachment of a photograph of CCTV images at the place where the crime is committed) to statutes;

1. Relevant Article 237 (1) 1 of the Public Official Election Act (the point of violence against election campaign clerks), Article 311 of the Criminal Act, and the selection of each fine for a crime;

1. Article 18 (3) and 18 (1) 3 of the Public Official Election Act (Separately sentenced to the offense of violating the Public Official Election Act and the offense of insult);

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;