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(영문) 대구지방법원 상주지원 2019.01.10 2018고합46
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 was the victim of D, who was the abortion of the 7th nationwide local election B, and was the victim of E from 2013 to 2017.

No person shall make another person enter the abode polling register in a false manner.

From May 24, 2018 to the next day, the Defendant was not a person who is unable to move with F, G, H, I, J, K, K, L, M, and N due to physical disability from among the residents of E community from May 24, 2018 to the next day, and the Defendant prepared his/her abode report and submitted his/her signature and seal on the confirmation column to the interview office.

As a result, the defendant entered the total of nine persons, such as F, in the list of abode voters by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police officer regarding theO;

1. Statement of the police about P;

1. A written accusation;

1. Investigation report, request for cooperation (to be recorded in the register of reported persons at residence) and investigation report (to be accompanied by data submitted on the front line and hearing statements from the chief of the competent division);

1. Application of nine copies of confirmation of persons subject to abode polling plans, results of re-verification of persons subject to abode polling plans, 13 copies of confirmation, and 10 copies of abode polling plans;

1. Article 247 (1) of the Public Official Election Act and Article 247 (1) of the same Act and the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in the Public Official Election Act concerning the largest F)

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment: Fines of 50,000 to 7,500,000 won;

2. Non-application of the sentencing criteria: It is not a crime subject to the sentencing criteria setting;

3. According to the decision of the sentence, the crime of this case is only a new letter, and the defendant, who was not at the location of the abode polling station, has prepared a false abode polling station report.

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