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(영문) 대구지방법원 안동지원 2014.11.27 2014고합66
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. No person who violates the Public Official Election Act by making a false entry, shall make a false entry or departure report;

Nevertheless, the Defendant, at around May 16, 2014, at the Defendant’s residence located in salary-gun B of Gyeonggi-do, without the Defendant’s six-time local election, voluntarily stated C’s personal information, such as address, domicile, name, etc., in the reporter’s column of the report to the reporter without the Defendant’s consent of the head of the Dong-dong local government election, and signed and sealed the report to write a false report to E, who is the head of the Dong-gun, and submitted it to the upper Myeon Office on the same day.

Accordingly, the defendant made a false entry report.

2. No one shall assumes a false name, use an identification card by forging or falsifying it, vote or make another person cast a vote or attempts to cast a vote in a deceptive way;

On May 1, 2014, the Defendant, at the same place as paragraph (1) of the same Article, voluntarily marked a ballot paper of the person who received the residence report sent in the Yancheon-gun election commission in accordance with the abode polling plan as mentioned above, and then sent it by mail to the Yancheon-gun election commission via E.

As a result, the Defendant cast a vote by falsity as if C had cast a residence vote.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police statement regarding E;

1. Application of each Act and subordinate statute of the investigative report (F, the summary of hearing statements), investigation report (to hear the statement of the person in charge of delivering the habitual ballot paper), and inquiry inquiry report;

1. Relevant provisions of relevant Acts on criminal facts, Article 247 (1) of the Public Official Election Act (the fact that the person is subject to deliberation and punishment, the selection of fines), and Article 248 (1) of the Public Official Election Act (the point of private voting and the selection of fines);

2. Article 37 of the Criminal Code among concurrent crimes.

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