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(영문) 부산지방법원 2018.08.24 2018고합313
공직선거법위반
Text

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

No person shall damage a voting paper.

On June 13, 2018, the Defendant: (a) at the 7-time local election D4 polling station established at C and D Administrative Welfare Center around 07:20 on June 13, 2018, the Defendant sought to vote after entering the balloting booth after receiving one copy of the E member’s proportional representative voting paper and one of the F member’s proportional representative voting paper from the voting clerk; and (b) but under the influence of alcohol, only G political parties and H political parties were entered in the voting paper for the Gu Council members; (c) and (d) in the balloting booth again, “I have extracted from the Republic of Korea.”

In addition, whether there are only two parties in Korea

The phrase “the disturbance was cited by booming the disturbance.”

The F Council member's proportional representative voting paper and one copy of the E Council member's proportional representative voting paper were teared.

Accordingly, the Defendant damaged the voting paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each investigation report (the sequence 2,5 of the evidence list);

1. The application of Acts and subordinate statutes to tears of voting papers and photographs of voting places;

1. Article 244 (1) of the relevant Act concerning facts constituting a crime and Article 244 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Grounds for the suspended sentence under the main sentence of Article 62 (1) of the Criminal Act (the grounds for sentencing, which are advantageous to the following grounds);

1. Scope of punishment: Fines of 2,500,000 to 15,00,000;

2. The act of damaging the form of voting for the decision-making process is likely to interfere with the peace of voting and the voting duty, and ultimately affect the fairness of the election, and the criminal liability of the defendant is heavy.

However, the Defendant recognized the crime of this case, and runs deeply against the mistake.

Defendant appears to have committed contingent crimes while committing a crime, and there was any political intent or purpose different from that of the Defendant.

It does not seem that it does not appear.

(b)in the same manner as the accused;

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