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(영문) 광주지방법원 순천지원 2018.12.20 2018고합194
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant was elected on June 13, 2018 at the 7th simultaneous local council members election B nationwide held on June 13, 2018 as a candidate for D party recommendation in the constituency C of local council members election B.

No one, except an elector, voting witness, voting management officer, Eup/Myeon/Dong election management committee, members and employees of the superior election commission, and voting clerks, who intend to vote, shall enter a polling station.

The Defendant written indictment around June 13, 2018 stated the time of crime from 9:00 to 10:18. However, according to evidence (such as the statement of a voting witness), it is difficult to specify the time of crime as above.

Since there is no impediment to the defendant's exercise of his right to defense, it shall be corrected as above without going through the amendment procedure of indictment.

Even though they are not the electors who intend to vote, they visited the following polling stations in sequence and enter them to the officials in charge of voting management, voting witnesses, and voters who cast their votes, or enter 10 places in total of the polling stations by sharing these and maliciouss.

The summary of evidence of AE elementary school located in the 1 E polling station F in the G 1 E polling station located in the 1 E polling station, in the 3 J polling station in the G 2 H apartment management Dong 3 J polling station in the 4 M polling station, in the 5 P polling station in L 4 M, in the 5 P station in the O middle school in the R6 S polling station in the 7V station in the U middle school, in the 8X apartment senior citizen center in the 7V station in the U middle school, in the AB apartment center in the AB apartment center in the Z elementary school 9A

1. Statement by the defendant in court;

1. Each police statement made to AF and AG;

1. Reports on internal investigation (verification of CCTV images of AE elementary schools at AC polling stations), investigation reports (survey of voting management officers e-mail), investigation reports (related to entry to and departure from the polling station and the statement of voting management officers) and investigation reports (Binding of the current status of advance polling polling stations and advance polling stations);

1. Application of Acts and subordinate statutes to verify whether to enter a polling station;

1. Article 256 (3) 2 (e) and Article 163 (1) of the Act on the Election of Public Officials for the Punishment of Crimes and the Selection of Punishment for the Punishment of Crimes;

1. Aggravation concurrent crimes;

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