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(영문) 의정부지방법원 2018.12.14 2018고합350
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

The defendant is a person who has worked as a candidate for the South-North City Council member of a political party C in the 7th simultaneous local elections.

On June 6, 2018, the Defendant, as a member of the F Hospital located in Namyang-si, Namyang-si, G political party H’s election campaign, was assessed against I (57 Does) who was engaged in an election campaign as a member of the election affairs of the candidate H of G political party, in the vicinity of the above D’s election office, on the ground that the Defendant’s sound was flicked for an excessive long time election campaign at the seat of the above D’s election office, and was flicked by the Defendant’s debt.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of J and K;

1. The application of Acts and subordinate statutes to a petition, suspect photograph, body photograph, site photograph, election secretary copy, internal investigation report (documents from the office of a D election), investigation report (satisfic telephone case), investigation report (satisfic telephone case), and criminal investigation report (satisfic telephone report);

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 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. The scope of applicable sentences under law: Fines of 2.5 million won to 1,50 million won;

2. Setting the sentencing criteria not;

3. The Defendant, as an election campaign worker, committed the instant crime on the ground that the other party election campaign clerks have carried out election campaign at the seat of the candidate office supported by him for a long time.

However, considering the favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, the extent of assault by the defendant is relatively minor, the fact that the office worker who suffered the damage and the defendant agreed smoothly with him, the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing specified in the arguments in this case, including the defendant's age

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