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(영문) 서울북부지방법원 2017.08.11 2017고합186
공직선거법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with an assembly, speech or traffic, or interfere with the freedom of election by deceptive means, trick, or other unlawful means.

Nevertheless, at around 13:30 to 14:10 on April 23, 2017, the Defendant got in front of the C Hospital located in Jungdong-gu Seoul Metropolitan Government, and obstructed freedom of election by interfering with speech for about 20 minutes, such as those supporting candidates for the 19th presidential election, such as electoral office D, and those leaving a luscing vehicle, and those holding a luscing vehicle at the 19th presidential election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing investigation reports (Attachment of on-site photographs) and response to materials for investigation cooperation;

1. Relevant Article 237 (1) 2 of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 237 (1) 2 of the Act on the Selection of Public Officials in Charge of Punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

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

1. A fine not exceeding 2.5 million won to a fine not exceeding 15 million won within the applicable sentencing range;

2. The sentencing guidelines are not set in the scope of the recommended punishment. 3. The crime of this case in which the Defendant reported the car of the presidential election on the grounds that it was slicking, and thus obstructing election campaigns by using physical force is an act infringing on the freedom of election, and its nature is inferior.

The crime of this case was committed at the time of election, and the defendant committed the crime even though he had been punished once a suspended sentence due to the violation of the Punishment of Violences, etc. Act, interference with duties, etc. 6 times a fine, and the crime of robbery, etc.

However, all of the crimes of this case are recognized by the defendant and against himself.

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