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(영문) 부산지방법원 2014.08.29 2014고합455
공직선거법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2014, the Defendant: (a) discovered that: (b) around 19:15, the Defendant was dissatisfied with the usual E political party in the D street located in Busan East-gu, Busan-do; (c) discovered that: (d) the Victim H, an election campaign worker of the E-party affiliated with the E-party, who was going to the election district of the E-party National Assembly member F, which was going to run on June 4, 2014; and (d) found that the Defendant: (d) “B” was a hot spring Dong-dong Council member; (d) decided to be a fluor political party; (e) 3; (e) 20 years of civil organization activities; (e) ; (e) ; (e) 20 years of lives; (e) money; and (e) 3 Gu Council members, who carried out an election campaign while carrying the fluoral to others; and (e) died of the same fluoral, i.e., pit.

‘Before doing a bath such as ‘A', the victim boomed the victim with drinking and pushed the victim's chest part.

Accordingly, the Defendant assaulted the election campaign workers in relation to the election of a member of the Dong-gu council, which is held on June 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The application of Acts and subordinate statutes to investigate and report on the details of arrest of flagrant offenders, and to report an investigation (a copy of an election campaign worker's plaque and a photograph of a damaged kicket);

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

1. The reason for sentencing [the scope of sentencing] under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] is that a crime of violating the Public Official Election Act, to which Article 237 of the Public Official Election Act applies, is not set the sentencing criteria, and thus, the sentencing criteria are not applied.

[Decision of Sentence] 4 months of imprisonment and 2 years of suspended execution are the crimes of this case committed by the defendant to assault the election campaign workers, and these acts by the defendant are contrary to the purpose of the Public Official Election Act to protect the freedom of election, and are merely against the infringement of personal interests on the election campaign workers.

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