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(영문) 서울중앙지방법원 2016.11.03 2016고합894
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Criminal facts

누구든지 선거관리위원회의 위원ㆍ직원, 선거부정감시단원ㆍ사이버선거부정감시단원, 투표사무원ㆍ사전투표사무원ㆍ개표사무원, 참관인 기타 선거사무에 종사하는 자를 폭행ㆍ협박하여서는 아니된다.

The Defendant is an election campaign manager for the E-party candidate No. 4 of the 20th election campaign for National Assembly members.

On April 8, 2016, H community service center located in Seoul G on April 8, 2016, 1 of the E Party F candidate I discovered that the E Party F candidate's advance voting witness M, which belongs to the same election district, was replaced by K party M, and that P of the E Party F candidate's advance voting team P was recorded with a photographer of M.

On April 8, 2016, at the advance polling station where the advance polling was in progress on April 13:00, the Defendant: (a) sought from Q Q, who is employed as a prior voting clerk, to transfer the above facts; and (b) requested Q, who is employed as a prior voting clerk, to produce a photograph by requesting on the front line; (c) Q, who did not comply with the request, means “in the front line, he shall be subject to the calculation of tax base and calculation of tax imposed tax on pictures, which are marked in the front line, and shall be put in a photograph.” (d) The Defendant assaulted Q by leading the lower part of Q.

Accordingly, the defendant assaults a prior voting clerk who is engaged in election affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of Q Q, R and S;

1. Written confirmation, R, Q and S;

1. Accusation of the Seoul Special Metropolitan City Election Committee;

1. Related photographs;

1. A copy of the public announcement of the establishment of advance polling stations, a copy of the report on appointment of an election campaign manager (A), a copy of the official document for appointment of voting clerks, a copy of the report on advance voting (M, I, T), a copy of telephone confirmation, or a copy of the activity of the

1. Application of the Act and subordinate statutes to report on investigation (specific as a suspect) and report on investigation (to listen to Q telephone statement);

1. Relevant Article of facts constituting an offense and the Public Official Election Act.

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