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(영문) 서울남부지방법원 2018.05.24 2017고합247
공직선거법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall assault an electoral clerk in connection with an election.

On April 18, 2017, at around 08:45, the Defendant discovered that the Defendant 19th presidential election candidate E, a candidate for the election of the 19th president in Guro-gu Seoul, was using a ticket for public relations (the age of 53) and requested F to change the printed materials, but failed to receive printed materials, and then the Defendant assaulted the election officer by putting the kicket in his hands at the face of F.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement prepared by the F;

1. Application of Acts and subordinate statutes to a criminal investigation report ( Whether an election campaign leader is an election campaign worker) and a criminal investigation report ( telephone conversations with a victim);

1. Article 237 (1) 1 of the Act on the Election of Public Officials and the Selection of fines for criminal facts, and Article 237 of the Act on the Election of Public Officials;

1. Article 53 or 55 or 55 or 6 of the Criminal Act (see, e.g., Articles 55 or 55 or 55 or 55 or 5 or 5 or 5

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is one of the crimes committed by the Defendant merely because the Defendant, while under the influence of alcohol, was unable to receive an incentive from an electoral officer, and thus, the nature of the crime is bad.

The Defendant did not agree with the victim.

However, the extent of violence is not heavy because the defendant's scket cited by the election secretary is suitable for the election secretary.

It seems that there was no political intention or purpose to influence the election.

The defendant is currently living in old age for ten years, and his whereabouts is unknown.

In addition, the sentence shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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