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(영문) 의정부지방법원 2020.09.11 2020고합217
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

No one shall assault, threaten, or induce an elector, candidate, or candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant, accountant in charge, election campaign speechmaker or elected person, or illegally arrest or detain a candidate, candidate, or candidate, with respect to an election.

Nevertheless, on April 9, 2020, the Defendant: (a) around 18:37 on April 18, 2020, around 13, approximately 13 persons, including the victim E (n, 42 years old), etc., a DNA election campaign worker belonging to the C political party, who was going to a constituency B for the election of the National Assembly member of the 21st National Assembly; (b) were living in front of the G basin in the election campaign in front of the election campaign in F; (c) in the future of the victim who skeet and carried out the election campaign, the Defendant took a bath to “the flas of Domine,” and took a bath to “the flag of Domine”, and

Accordingly, the defendant assaulted the election campaign worker in relation to the election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported details, photographs of victims, CCTV images, and a medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 1, 7, 10 through 12, 16, 17 of the evidence list);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 applicable sentences under law: Fines of 2,500,000 to 15,000,000;

2. Non-application of the sentencing guidelines: The sentencing guidelines are not set. 3. The crime of this case is a case where the defendant assaults an election campaign worker in the process of election campaign, and the crime of impairing the purpose of the Public Official Election Act, which intends to protect the freedom of election beyond the infringement of legal interests, is not exceptionally applied.

The defendant was unable to receive suspicion from the victim.

, however, with the objective of affecting the result of an election.

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