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(영문) 대전지방법원 홍성지원 2017.07.06 2017고합31
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 conceal, destroy, damage, or seize facilities, equipment, documents, seals, or electoral registers (including a list of reported abodes and shipboard voters) related to the election management and control affairs, such as the forms of voting, ballot papers, tools assisting voting, computer systems, etc.

Nevertheless, on May 4, 2017, the 19th presidential advance polling day, the 19th presidential election day, the Defendant put a mark on the voting paper in the Da high school E advance polling place located in Chungcheongnam-gun Hong-gun, Hongsung-gun, Chungcheongnam-gun on May 4, 2017, and then tried to come into operation with the voting paper, and the voting management officer failed to stop the voting, and requested another voting paper to change the other voting paper, and the voting management officer caused damage to the ballot paper that the re-issuance of the voting paper was not possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to F and G by the prosecution;

1. Each certificate of H, I, J, K, L, and M;

1. A written accusation of the committee for election management of red-gun;

1. Application of Acts and subordinate statutes to photographs damaging ballot papers;

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. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Fines of not less than 2,500,000 won but not more than 15,000 won in the scope of punishment by law; and

2. It is a crime to which the sentencing criteria are not applied.

3. Damaging voting papers to be declared shall be strictly prohibited from doing acts that violate the management and execution of election affairs, the maintenance of order in the facilities related to elections, etc.;

In the past, the Defendant committed another crime under the influence of drinking in the past, and committed the instant crime by drinking alcohol and drinking alcohol.

However, the defendant shows his attitude to reflect his mistake, and the age, sex, environment, family relationship of the defendant.

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