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(영문) 대구지방법원 영덕지원 2013.04.18 2013고합5
공직선거법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 14, 2012, from around 13:10 to 13:27 of the same day, the Defendant: (a) on the front of the 18th presidential election liaison office for the 18th presidential election of the Republic of Korea (Seoul) NNNE Office; (b) under the influence of alcohol, the Defendant was waiting in order to run an election campaign while playing a publicity singing on the FNter Cargo, which is a vehicle for an interview or speech on the said DN, during the alcohol period; and (c) the elector G (51 years old) is going behind the driver’s seat of the said cargo; and (d) reported that the said G “B shall not have a H. D new seat”; and (d) thereafter, the Defendant provided the said G with a one-time driver’s hand who tried to get off the said cargo to get off and get off the said cargo at one time, and provided the said G to the right of the said passenger, and (d) provided the said G with a fatter’s falle.

Accordingly, the defendant assaulted the elector in relation to the election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to G and I;

1. Entry in a report on internal investigation (verification of the time during which election campaign was delayed);

1. Application of each of the visual Acts and subordinate statutes to report internal affairs, photographs, and photographs;

1. Relevant Article 237 (1) 1 of the Public Official Election Act and Article 237 (1) 1 of the Election Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in an act that interferes with the election to be progress fairly while free and orderly, causing violence to the driver of a candidate's election vehicle who does not support him/her.

In addition, due to the act of the defendant, the election campaign at the E Nutrition liaison Office was delayed for about 17 minutes.

In light of these circumstances, it is necessary to sentence the defendant more severe punishment than the fine.

(b).

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