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(영문) 대구지방법원김천지원 2020.09.22 2020고합46
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

If a person makes a disturbing speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station or from the polling station, officials in charge of voting management or voting clerks shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled to withdraw from the polling station or beyond the restricted distance, and no person shall refuse any order issued by the officials in charge of voting management or voting clerks.

At around 14:45 on April 15, 2020, the Defendant was unable to set off the floor at the entrance of the polling station without any justifiable reason, and around 14:50 on that day, the Defendant refused to comply with the order by the official in charge of voting management of the above polling station C to “I will interfere with voting. I will do this? I will interfere with voting?” and continued to comply with this order by the official in charge of voting management, even though he was ordered to leave the above officials in charge of voting management to read “I will not see I will do so. I will do so. I will do it?”

Accordingly, the defendant did not comply with the order of expulsion and evacuation from officials in charge of voting management by making a disturbing speech and behavior in the polling station.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing criminal video CDs;

1. Article 256 (3) 2 (f), and Article 166 (1) of the Public Official Election Act concerning facts constituting an offense;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

3. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (b) various factors of sentencing as shown in the arguments in the instant case, including the circumstances after

The crime of this case is committed at a disadvantage: The defendant is under the influence of alcohol in a polling station.

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