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(영문) 인천지방법원 2016.07.22 2016고합358
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On April 13, 2016, around 09:30 on April 13, 2016, the Defendant made a mistake on the ballot paper in the 20th National Assembly member D polling booth located in Nam-gu Incheon Metropolitan City, and requested the voting clerk to reissue the voting paper, but the Defendant rejected the request, thereby damaging all two copies of the voting paper, including one proportional representative voting paper, one candidate voting paper, and one candidate voting paper, by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to field photographs, photographs, voting records;

1. Article 244 (1) of the relevant Act concerning facts constituting a crime and Article 244 (1) of the Act on the Election of Public Officials in Charge of the Selection 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. The act of damaging the ballot paper at a polling station where an election for public office is held for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as the crime in this case, would impair the fairness of the election and the utility of the election management, and thus, the nature of the crime is light;

shall not be deemed to exist.

However, the defendant recognized the crime of this case and reflected his mistake, and the defendant committed the crime of this case with any other political intent or purpose.

In light of the facts that cannot be seen, etc. that are favorable to the defendant, the court shall take into account the circumstances favorable to the defendant, and shall comprehensively consider all factors of sentencing as indicated in the records and theories of this case, such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime, etc., and shall determine and determine

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