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(영문) 서울남부지방법원 2018.12.20 2018고합476
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

If a person makes a disturbing speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station or polling station, the voting management officer or voting affairs clerk shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled not to withdraw from the polling station or beyond the restricted distance, and if he/she refuses complying therewith, he/she shall not comply with the order of the voting management officer or voting affairs clerk.

Nevertheless, the Defendant, from June 13, 2018 to June 07:58, 08:00 to 08:20, at D kindergarten 5 polling stations in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul Metropolitan Government 7 simultaneous local elections, “The preceding election site is forged, so it will be equal equally to all others,” and “It is possible to photograph a ballot paper.”

"At least 30 minutes of disturbance at the polling station and its entrance, even though the voting clerk received an order to leave the polling station and its restricted distance from the voting clerk by attempting to affix a letter of vote, she refused to comply with it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Article 256 (3) 2 (f) and Article 166 (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 256 (3) 2 (f) and 166 (1) of the Election of Public Officials;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances revealed in the records and arguments of the instant case shall be determined in consideration of the Defendant’s age, sex, career, family relation, environment, motive and consequence of the crime.

A favorable circumstances: The defendant did not go beyond the time to avoid disturbance within the polling station, and the defendant did not proceed to an additional crime, such as assaulting voting clerks, etc. in the process.

The defendant.

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