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(영문) 수원지방법원 성남지원 2014.11.04 2014고합244
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000,000.

When the defendant does not pay a fine, 100.

Reasons

Criminal facts

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, officials in charge of voting management or voting clerks shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled to withdraw from the polling station or beyond the restricted distance.

On June 4, 2014, the Defendant received three copies of the first ballot paper (the Superintendent of an Office of Education, the Do Governor, and the Mayor) at a 5 polling station established in the Geumwon-gu, Sungnam-gu, Sungnam-si, a gold-ro 97, and received four copies of the second ballot paper after voting.

The Defendant resisted that the first ballot paper was not received more than 3, but only 2, when he received the second ballot paper, and even after the second ballot paper was completed, it was difficult to avoid any disturbance by 15 minutes, i.e., “d., why he supported the candidate’s name or not.”

At this time, the official in charge of voting management ordered the defendant to leave, but the defendant refused it and continued to avoid disturbance and refused to comply with the legitimate eviction order of the official in charge of voting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with C;

1. Statement of D;

1. Application of the Acts and subordinate statutes in written certifications of E and F;

1. Article 256 (3) 2 (f), and Article 166 (1) of the Public Official Election Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act requires the defendant to refuse to withdraw officials in charge of voting management and to avoid disturbance in the polling station, but currently acknowledges and reflects his fault.

In addition, there is no criminal conviction for the defendant.

It is so decided as per Disposition for the above reasons.

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