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(영문) 수원지방법원 안산지원 2018.09.21 2018고합209
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall assault, threaten, or induce an elector, candidate, person who intends to become a candidate, chief of an election affairs, election campaign liaison office, chief of an election campaign liaison office, election affairs clerk, assistant, person in charge of accounting, year clerk, or elected person, or illegally arrest or detain a person with respect to an election.

Nevertheless, the Defendant, at around 19:10 on June 12, 2018, assaulted the victim’s right side, who continued to make a speech on the following occasions: on the ground that the election is protruding down at 3:12 p.m. in front of the 19:10 p.m., at around 12, 3:12 p.m., at the 7 simultaneous local election campaign, the Defendant: (a) sent to a small vehicle on which the victim C was on board in the campaign speech for supporting the candidate B at the 7 simultaneous local election superintendent of the Gyeonggi-do Office of Education; and (b) assaulted the victim’s right side bbbbbbbbbbbbbbbbs that had been left from the lue vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, and F;

1. Criminal video CDs;

1. Application of statutes on the details of receipt of reports to 112;

1. Article 237 (1) 1 of the Act on the Election of Public Officials and the Selection of fines for criminal facts, and Article 237 of the Act on the Election of Public Officials;

1. Article 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) (see, 20

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 by law: Fines of 2,500,000 to 15,000,000; and

2. Whether the sentencing criteria are applied: No sentencing criteria shall be set;

3. Determination of sentence: The crime of this case in the amount of a fine of KRW 3,00,000 is a situation unfavorable to the defendant, with the desire of the victim, who is the cause of election affairs where the defendant is conducting an election campaign, thereby threatening him, and obstructing the freedom of election campaign by assaulting the above victim, and the nature of such crime is not good.

However, the fact that the defendant recognized the crime of this case and responded to the mistake, that the defendant agreed with the victim, and that there is no record of punishment for the same crime.

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