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(영문) 춘천지방법원 2016.08.09 2016고합46
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On April 13, 2016, the Defendant: (a) at the fourth polling station located in the jurisdiction of the Sincheon-gu, Chungcheongnam-gu, Chungcheongnam-do; (b) in relation to the election of the 20th National Assembly members of the 20th National Assembly, and (c) at around 15:30 on April 13, 2016, damaged the land for proportional representation by hand on the ground

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (or a voting management officer's statement hearing report);

1. Notification of investigative data of the Chuncheon Election Commission, and application of statutes governing copies of voting records;

1. Article 244 (1) of the relevant Act concerning facts constituting a crime and Article 244 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The act of damaging the forms of voting conducted by the defendant on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is deemed to be such that the act of damaging the forms of voting conducted by the defendant is likely to ultimately affect the fairness of election, by interfering with the peace of voting and voting affairs;

It is a crime that cannot be seen.

However, it appears that the defendant had a special intention to do the above acts, there is no criminal history of the same kind of crime against the defendant, the defendant confessions and reflects his mistake, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, shall be determined as ordered by taking into account.

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