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(영문) 창원지방법원 거창지원 2013.03.28 2013고합4
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who served as the head of Sincheon-gun Rural Village Lee from January 2007 to December 31, 2012.

In spite of the fact that no one is reported as a false absentee, the defendant, at the residence of the defendant located in Gohap-gun, Chungcheongnam-gun, Kim Jong-gun on November 14, 2012, and at the 18th presidential election being held on December 19, 2012, the defendant, despite not being a village resident, in relation to the E, F, G, H, I, I, and J, a village resident, in relation to the 18th presidential election being held on December 19, 2012, without their prior consent, voluntarily indicated the report as the "person who is unable to move freely because he/she has a serious obstacle to his/her body" and submitted the report report as the "person who is unable to move freely because he/she has a serious obstacle to his/her body" without his/her prior consent. After recording the above six names in the reporter's column, the defendant prepared a false report as the above six-party absentee report by means of marking his/her seal, and submitted it to the employee working at the K Office

Accordingly, the defendant made a false report on reported absentees.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, G, H, I, and J;

1. Application of Acts and subordinate statutes as a result of the investigation into violations of election laws concerning false absentee reports;

1. Relevant provisions of the Act and Article 247 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

1. Although the crime of this case was committed with the intent to help older persons who have difficulty in driving as the defendant's argument on the reason of sentencing under Article 334 (1) of the Criminal Procedure Act, the crime of this case is likely to reflect not only the free will of eligible voters but also the intention of other persons who are not the principal in the election.

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