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(영문) 전주지방법원 남원지원 2018.11.16 2018고합42
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a person who was a head of the election of a candidate E in the election of a local council member (D constituency) of a local council member of the Republic of Korea, which was implemented on June 13, 2018.

In spite of the fact that no one makes a false abode polling report, at the office of E candidate in F around May 24, 2018, the defendant arbitrarily printed out the abode polling report in the column of the reporter of the abode polling paper and affixed H’s seal without confirming the intention of the resident H on the abode polling report at his/her own discretion without confirming the resident H’s intention for the abode polling report. [Attachment] In addition, as indicated in the list of crimes, the defendant voluntarily prepared the resident’s nine abode polling report in G and submitted it to the I Office and submitted it to the I Office.

Accordingly, the defendant made a false entry report.

Summary of Evidence

1. Statement by the defendant in court;

1. C Written accusation of the captain of the vessel C;

1. Written answers to J, K, and L;

1. A certificate of M;

1. Application of Acts and subordinate statutes usb to each recording book (Provided, That this shall not apply to those of the mother of A, those of N, those of N), each residence voting report (excluding those of P and N), and those of voice files recording of persons who have reported residence voting;

1. Article 247 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 247 (1) of the Act on the Election of Criminal Officials;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Public Official Election Act with respect to the gravity of crimes and H with the largest punishment);

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. Not more than 7,500,000 won in the scope of punishment by law; and

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- Unfavorable circumstances - Inward voting prescribed by the Public Official Election Act is highly likely to intervene, such as proxy voting, and the crime of this case is the same.

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