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(영문) 전주지방법원 2016.11.04 2016고합138
공직선거법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 11:00 on April 4, 2016, the Defendant: (a) was parked by the string vehicle of the G candidate who runs in the F constituency for the election of the 20th National Assembly member; (b) the victim I, the victim J (n, 41) et al., who is an election campaign worker for the above constituency H in the election campaign, and did not turn on the strings; and (c) the Defendant did not turn on the strings of the H candidate and the election campaign worker for the G candidate.

Defendant

A made two fingers that the chest of the victim I was tighted twice, and that he was 1's chest with the hand floor once.

그런 후 성명불상자는 G 후보의 유세차량 위로 올라가 발로 피해자 J의 등과 목을 3회 찼다.

As a result, the Defendant assaulted the victims of the election campaign workers in cooperation with the person who was not injured in his name, and at the same time imposed the victim I on the top side of the chest 14 days of treatment, such as a scarke wall, etc., and the victim J put about about 14 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to the prosecution of I;

1. Statement to J police officers;

1. Each injury diagnosis letter, article closure photograph, list of persons engaged in election affairs, photograph explanation, and non-suspectic suspect photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 237 (1) 1 of the Public Official Election Act, Article 30 of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for each commercial competition (the punishment prescribed for a violation of each Public Official Election Act, between the crimes in violation of the Punishment of Violences, etc. Act and the crimes in violation of the Punishment of Violences, etc. Act, and the punishment prescribed for a violation of the Punishment of Violences, etc. Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2 and Article 50 (1) of the Criminal Code are more severe to the Council of Victims.

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