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(영문) 서울중앙지방법원 2017.09.27 2017고합861
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall disturb the order at the place of a speech, interview or debate open to the public under the Election of Public Officials Act, or interfere with the progress thereof by means of violence, intimidation, or other means at the place of an interview or debate, or at the meeting of a political party.

Nevertheless, the Defendant, at around 18:00 on May 1, 2017, at around 18:0, at around 1025, the C party election campaigned in front of the exit 1025 Han-dong, Gangnam-gu, Seoul, in front of the C party election campaigned in front of the exit 1025, in front of the C Party election campaigned for the C Party D candidate who was going out of the 19th presidential election, toward the members of the Gu of the same Gu, “D news, Ha, and Mari-ri, why the death gue is forced.”

Before having taken a bath, “, etc.,” and boomed the same intention to F, the head of the relevant tax office F, who was able to take a bath for about 30 minutes, such as taking a bath, raising the speech with those who are engaged in election campaign, and making vagabonds.

As a result, the Defendant disturbed the order at a public speech place under the Public Official Election Act, and obstructed the progress thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement;

1. 112 Application of the 112 Report Processing Statement, Notarial Acts and subordinate statutes;

1. Article 256 (3) 1 (l) and Article 256 (3) 1 (l) of the Act on the Election of Public Officials in Charge of Criminal Facts and Selection of fines;

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. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. The sentencing criteria are not set for offenses against which the sentencing criteria are not applied.

3. The crime of this case, which is determined to be sentenced, is not easy in that it interferes with the freedom of election campaign essential for the formation of democratic will through election.

The defendant provided the proviso of disturbance at the election tax site while under the influence of alcohol, resulting in the suspension of 30 minutes of oil.

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