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(영문) 서울서부지방법원 2019.02.12 2018고합268
공직선거법위반
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On May 4, 2018, from around 20:00 to 20:25 of the same day, the Defendant: (a) at the three-way distance in Seoul, up to about 80 meters in front of the “E” located in D; (b) at the seventh times, the Victim G, a preliminary candidate of the FFFFF council member of the nationwide provincial election, divided conversations with citizens and is underway; and (c) at the victim’s end, the Defendant expressed his desire to “cirls, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend,” and, (d) the victim told the Defendant as the victim, despite having different places to harm the Defendant, continued to commit an assault a candidate with respect to an election.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement made by the prosecution with respect to G (including the comparison with H);

1. 112 reported case handling table;

1. Screenings and maps of victims' photographs and CCTVs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a list of preliminary candidates);

1. Article 237 (1) 1 of the Public Official Election Act concerning criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the defendant approaches the victim as stated in his/her reasoning, such an act does not constitute “Assault” under the Criminal Act.

2. The term “Assault” in the crime of assaulting judgment refers to the exercise of physical or mental pain to a person’s body, and it does not necessarily require any contact to the victim’s body, and its illegality is considered as a whole the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.

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