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(영문) 대구지방법원 의성지원 2016.07.19 2016고합13
공직선거법위반등
Text

Imprisonment with prison labor for a violation of the Election of Public Officials Act in the judgment of the defendant, and for a violation of the same Act, it shall be punished by imprisonment.

Reasons

Punishment of the crime

1. No person who violates the Election Management of Public Officials Act shall conceal, destroy, damage, or seize facilities, installations, equipment, documents, seals, or electoral lists related to the election management and control affairs, such as forms of voting, ballot papers, tools assisting voting, computer systems, etc.;

Nevertheless, at around 10:05 on April 13, 2016, the Defendant damaged the ballot paper delivered to the first polling station in the Sung-gun of Seongbuk-gun, D elementary school.

2. The Defendant interfered with the performance of official duties at the same place as on April 13, 2016 at the same time, and at the same time as on April 13, 2016, after receiving a report from 112 that there was a person who desires to give a disturbance to the election managers located in the polling station, and received a report from him, the circumstances E who is a public official of the DNA police officer of the Seongbuk Police Station called out, and as a slopeF, “I am out this Chewing fechis, Doar fechis or magazines,

Does we receive monthly pay and do so.

“At multiple times due to the sign “,” etc., the Defendant assaulted the Defendant, i.e., how to enter the said polling station in order to avoid disturbance, how E was removed from the slope F, and how he was able to take the chest of E in one time due to the drinking of the hand, and that he was walking the slope F’s bucks in three times due to the lusent engine.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to the prevention and suppression of crimes and 112 reporting operations.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E, F, G, and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case and vote papers and photographs;

1. Article 244 (1) of the Act on the Election of Public Officials under the relevant Act on Criminal facts (the point of damage to the land for voting) and Article 136 (1) of the same Act (the point of obstructing the execution of public services);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by mutual consent among persons who are more severe);

1. Selection of each sentence of imprisonment;

1. Article 18(3) and Article 18(1)3 of the Act on the Election of Public Officials (Article 18(3) and (1)3 (Article 18(3) of the Act on the Election of Public Officials and the Decision

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