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(영문) 서울북부지방법원 2016.07.01 2016고합265
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

On April 13, 2016, at around 12:49, the Defendant, at the 20th National Assembly member of Dongdaemun-gu Seoul apartment community center C, and the election district D in Dongdaemun-gu, Seoul Metropolitan Government Nowon-gu, Seoul, the first floor of the apartment community center A, despite having completed the voting before the voting, the voting clerk is signing on the electoral registry, while being drunk and trying to find the said polling station again and cast a vote again.

As the head of the guye has already made a vote, what guye voting was held.

“ ............ ...............”

Therefore, although the voting management officer E and voting clerical staff F of the above polling station ordered the defendant to sit and wait at the place so as not to interfere with other electors while confirming whether they are double voting, the defendant continues to comply with the order without complying therewith.

C. who cast a vote in the name of the Republic of Korea.

In order to find the person, he was able to take a bath for about 35 minutes in the voting place and satisfy.

Accordingly, the defendant did not comply with the voting management officer and voting clerical staff's order in the voting place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against F and E;

1. The application of Acts and subordinate statutes to be entered in a report of internal investigation (related to reporters, telephone conversations, recording on the electoral registry, marking of voting management officer, the current status of voting management officer in the polling station);

1. Article 256 (3) 2 (f) and Article 166 (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 256 (3) 2 (f) and 166 (1) of the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant in the voting place leads to the disturbance of 35 minutes at the voting place, and refuses to comply with the repeated order of the voting management officer, and the liability for the crime is not against the law.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant has no same power, etc. are considered as favorable circumstances.

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