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(영문) 수원지방법원 성남지원 2016.08.18 2016고합126
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

If a person makes a disturbing speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station or polling station, the voting management officer or voting affairs clerk shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled not to leave the polling station or beyond the restricted distance, and if he/she refuses complying therewith, he/she shall not comply therewith with the order of the voting management officer or voting affairs clerk.

Nevertheless, the Defendant, at around 16:30 on April 13, 2016, was under the influence of liquor in the 20th National Assembly member D polling station in Seongbuk-gu, Sungnam-si, Sungnam-si, and was removed from the voting management officer E of the Gyeonggi-do Election Management Committee, which had been located there, followed the order of the voting management officer to leave the said polling station for about 10 minutes, including: (a) the Defendant expressed the desire to be “spacte” to the above voting management officer; (b) refused to leave the polling station; and (c) attempted to enter the said polling station again.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (verification of the fact commissioned by the E Voting Management Officer);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. Scope of punishment by law: A fine not exceeding four million won;

2. Determination of sentence: The defendant, while under the influence of alcohol at a polling station, did not comply with the order of evacuation from the voting management officer by entering the station while being drunk.

The defendant's liability for such crimes is not easy.

However, the fact that the defendant does not repeat the crime in the reflectivity, and the fact that the defendant has no same power shall be considered in favor of the defendant.

In addition, the age, sex, motive and background of the crime, means and results of the crime, and the situation after the crime is committed.

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