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(영문) 수원지방법원 2014.09.04 2014고합397
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

While no one may damage or damage the ballot papers or ballot papers of the election commission in relation to the 6-4 local election, the Defendant, at around 10:40 on June 4, 2014, at the “E polling station” established at the D Elementary and Secondary School located in Heung-gu, Young-si, Young-si, D, in order to assist the witness, etc. to put the above F into the balloting booth by cutting the f in order to assist the Defendant’s head F with inconvenience without the witness’s consent, but at the same time, the Defendant damaged the 7 ballot papers issued to the above F in good faith.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation data:

1. Application of statutes to copies of voting records, copies of welfare cards, and copies of approval for long-term care;

1. Relevant Article 244 (1) of the Public Official Election Act and Article 244 (1) of the Public Official Election Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the order of provisional payment is that the election of public officials, which is the basis of democratic politics, is held fairly in accordance with the free will of the people and democratic procedures, and that the purpose of securing the legitimacy of state power and contributing to the maintenance and development of democratic politics by preventing any malpractice related to the election is to ensure the legitimacy of state power and contribute to the maintenance and development of democratic

In light of the legislative intent of the Public Official Election Act, the attitude and method of the crime, etc., which intends to protect the elector's right to know, the freedom of election campaign and the fairness of election, the utility of legitimate election management, etc. as the defendant damages the ballot paper given to another person, the nature of the crime is not easy.

However, the defendant has no criminal record for the same kind of crime, and the defendant.

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