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(영문) 전주지방법원 군산지원 2013.06.14 2013고합39
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “D”, which is a social welfare facility in the Gunsan City C.

On November 22, 2012, the Defendant: (a) did not make a false report in relation to the 18th presidential election; (b) did not have been delegated to two persons, including E (45), F (36 years old) who had no capacity to express their intent and change due to brain diseases receiving medical care due to admission to D; and (c) submitted a false report to a public official in charge of reported absentees in the J Office on November 23, 2012 by having H and I arbitrarily enter the personal information and name of the above two persons through G through a social welfare worker who works for the pertinent medical care center, and submitted a false report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, I, H, and A;

1. Application of Acts and subordinate statutes to the details reported to the absentee;

1. Relevant provisions of the Act and Article 247 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not only against the free will of eligible voters, but also against the fairness of election, which is the foundation of democracy, inasmuch as the intention of voters who are not the voters can be reflected in the election, the nature of the crime cannot be deemed to be light.

However, since the crime of this case actually led to the absentee voting, it does not practically affect the fairness of the election, and the defendant does not seem to have committed the crime of this case on behalf of a specific candidate or gain any profit therefrom, and the defendant recognizes all the crimes and reflects the mistake in depth, and otherwise, the age, character, career, environment, and environment of the defendant.

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