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(영문) 서울동부지방법원 2018.10.12 2018고합246

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, within the scope of "D food in C" around June 8, 2018, at around 23:19, the defendant stated that the victim F, a candidate of the City Council member E in simultaneous local elections, has been personnel as a candidate of the City Council member on the seven occasions nationwide," and that the defendant's name was to be delivered to the defendant, and whether "any person has obtained permission."

When referring to “a sound and a bath,” the victim abused the victim by having the victim’s breast part of his/her breast with his/her fingers once.

Accordingly, the defendant assaulted F, a candidate in relation to the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Two CDs, such as photographs, diagnostic certificates, CCTV video images;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a list of candidates and a list of winning candidates);

1. Relevant Article 237 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 237 (1) 1 of the Act on the Selection of Public Officials in Charge of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 2.5 million won to 15 million won; and

2. Scope of the recommended sentences according to the sentencing criteria: The same shall not apply to the case where the sentencing criteria are set;

3. Determination of sentence: The crime of this case, which constitutes a fine of KRW 3 million, is committed by assaulting a candidate with respect to an election which constitutes the foundation of democracy, and the nature of such crime is not good.

However, the following facts are considered as favorable to the defendant: (a) the defendant recognized the crime of this case and reflects depth; (b) the defendant committed the crime of this case contingently by agreement with the victim who is the candidate, and the victim did not want to be punished against the defendant; (c) the degree of assault that the defendant exercised; and (d) the defendant did not have any past record of criminal punishment prior to the crime of this case; and (d) other defendant's age, sex behavior, environment, family relationship, motive and background of the crime, and the crime.