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(영문) 청주지방법원 2013.03.13 2013고합6
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person operating “C”, which is a medical care protection facility for the elderly in Jincheon-gun, Chungcheongnam-do.

On November 22, 2012, the Defendant: (a) at the president office of the “C” around November 2, 2012; (b) even if the Defendant was unable to make a false report with respect to the 18th presidential election, the Defendant: (c) was a person with serious illness with dementia, etc. entering the “C” and receiving medical care, with no capacity to express his/her intent and change; (d) E, E (n, 81), F (69), G (86), H (n, 90), I (n, 82), J (n, 87), K (n, 89), L (n, 84), M (n, 83), N (n, 88), and 88 years old; and (e) made a false report by sending the reported report to the election commission of Jin-gun on the 23th day of the same month after preparing the personal information and names of the reported report with respect to the said 11 person.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Relevant provisions of the Act and Article 247 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in the Public Official Election Act concerning N of the largest number of concurrent crimes);

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

1. The crime of this case is committed with the intent of helping older persons, a patient with the nature of the elderly, such as dementia, to exercise their voting rights in the elderly as the defendant's argument on the reason of sentencing under Article 334 (1) of the Criminal Procedure Act, even though the crime of this case is committed not only against the free will of voting right holders, but also against the fairness of election, which is the foundation of democracy, because the voting right of other persons can be reflected in the election, and the Public Official Election Act provides that elections are held fairly in accordance with the free will of the people and democratic procedures and prevents any malpractice related to the election.

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