Text
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a worker in daily employment.
No one shall assault, threaten, or induce a person who intends to become a candidate for an elector, or the head of an election campaign liaison office, election campaign worker, assistant, accountant in charge, election campaign speechmaker or elected person, or illegal
Nevertheless, around 17:19:15 on December 17, 2012, the Defendant: (a) expressed that four persons, such as C candidate’s electoral personnel D, etc., of the special election of the Seoul Special Metropolitan City superintendent of the Office of Education, who had been engaged in the election campaign on December 19, 2012, were called as “as soon as possible, pits, rings, and rings........., the Defendant used the above D to read as “as to interfere with the election campaign, and only ..............., as the chest of the above D, as the election campaign worker was sealed, the Defendant fluened with the chest of the above D, and fladddded with the number of hand.”
Accordingly, the defendant assaulted the election campaign worker in relation to the election.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement of D or E;
1. At the time of cooperation in investigation, reporting on investigation (C election campaign members locked), application of Acts and subordinate statutes governing documentary evidence screening;
1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is contrary to the purport of the Public Official Election Act, which intends to protect the freedom of election, and thus, is deemed to be an act of grave social law going beyond the personal infringement of rights of election workers. The defendant again committed the crime of this case without being punished by violence even though he had the record of being punished more than 10 times, and the defendant did not receive a letter from the victim.