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(영문) 광주지방법원 2016.10.14 2016고합335
공직선거법위반
Text

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

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is an election campaign speechmaker of a candidate for the F Party in the 20th election E constituency, Defendant B is an election campaign speechmaker of the above G, Defendant C is an election campaign speechmaker of the above G, and Defendant C is the wife of the above

No one shall assault, threaten, or induce an elector, candidate, or person who intends to become a candidate, election campaign manager, chief of an election campaign liaison office, election campaign assistant, assistant, accountant in charge, election campaign speechmaker or elected person, unlawfully arrest or detain, or seize goods used for an election campaign provided for in this Act, or interfere with assembly, election campaign speech or traffic.

Nevertheless, at the entrance of 14:50 on April 9, 2016, at the Cheongdong-ro 14B-ro, Cheongdong-ro, Cheongdong-ro, 14:50, the Defendants left the 20th election campaign speech of the candidate I for the candidate for the candidate for the 20th election election election election election E (54 years old) by means of microphones on the lux vehicle, and set off on the lux vehicle the remarks “G is a criminal prior to and five crimes” while making a campaign speech by using micros on the lux vehicle, and Defendant A deducted the microbs in which JJ is taking, Defendant B prices the lux B’s bridge at one time, and Defendant C her flobbb, K’s father on the lux vehicle.

Accordingly, the Defendants jointly assaulted election campaign speechmakers and interfered with election campaign speeches.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement on L, K, M, and N;

1. Written Statement;

1. The I election campaign office’s submitted video storage CD (number 8);

1. Application of Acts and subordinate statutes, Chapter 5 J photographs, and Compilation photographs of video images;

1. Article 237 (1) 1 of the Public Official Election Act; Article 30 of the Criminal Act; Article 237 (1) 2 of the Public Official Election Act; Article 30 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act (where concurrent crimes are committed due to violence by a speaker with heavy circumstances, the penalty prescribed in the Public Official Election Act shall be aggravated);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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