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(영문) 서울남부지방법원 2020.11.05 2020고합282
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

If a person makes a disturbing speech or behavior in the polling station, officials in charge of voting management or voting clerks shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled to withdraw from the polling station.

On April 15, 2020, from around 16:15 to 16:35 of the same day, the Defendant heard the explanation that advance polling is not allowed after completing advance polling from the voting clerk D before the entrance of the 21st National Assembly member election of the 21st National Assembly member located in the Seoul Yangcheon-gu Seoul community service center located in B, the Defendant made a disturbing speech and behavior for about 20 minutes, such as “Nhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh and knhhhhhhhhhhhhhhhhhhhhhhhhhhh

Therefore, even though D and voting clerks E did not comply with the defendant's order to suspend and withdraw a disturbing speech and behavior, they refused to do so.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Written statements of D;

1. - Notification of recommendations for change of voting clerks, investigation reports (verification of whether voting clerks are voting clerks) and attachment - Application of replies to cooperation in investigation;

1. Articles 256 (3) 2 (f), and 166 (1) of the Public Official Election Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 50,000 to 4 million won;

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria are not set.

3. According to the decision of sentence, the punishment shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the age, character and conduct, environment, family relationship, and the motive and circumstances of the crime in this case, which are favorable or unfavorable to the defendant.

Conditions disadvantageous to him:

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