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(영문) 인천지방법원 2014.10.31 2014고합562
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant, at around 16:20 on May 31, 2014, when he lacks the ability to discern things or make decisions due to the interrogrosis, the Defendant assaulted the back head of the above G G, which was kept on the floor, one time on the top of the hands-on, when the Defendant issued the Defendant a written campaign to the head of Bupyeong-gu Incheon Bupyeong-gu E-gu, Incheon, and the victim G (the 35 years old), an election campaign worker (the 35 years old), who was a father-gu E-gu, sent as a candidate for the political party in the sixth-time nationwide local election, from May 31, 2014.

As a result, the defendant assaulted the election campaign worker G in relation to the election.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The report on appointment (G and H) of the victim, including clothes, photographs, election campaign workers, etc., in which the victim G was suffering, and the investigation report (F written campaign promises attached);

1. Mental health and injury: according to the defendant's statement attitude in this court, investigation report (not summons A), and diagnosis report, it is recognized that the defendant was in a state where the defendant lacks the ability to discern things or make decisions due to a mental disorder at the time of committing the crime in this case.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment: Fines of 1250,000 to 7.5 million won;

2. Decision on the sentencing criteria does not set the sentencing criteria:

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