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(영문) 수원지방법원 안양지원 2017.10.13 2017고합152
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall interfere with an assembly, speech or traffic in connection with an election, or interfere with the freedom of election by deceptive means, trick or other unlawful means.

Nevertheless, on April 22, 2017, the Defendant: (a) reported that D made a speech at a candidate for the 19th presidential election, a candidate for the EF political party G candidate vehicle on the 19th presidential election; and (b) provided that D’s campaign speech at the 30th presidential election vehicle on the 19th presidential election.

A pit shall be slick, slick.

Malograms;

The campaign speech of the above dissenting opinion was suspended by means of avoiding disturbance for about five minutes, such as putting the upper part of the above floating vehicle on the upper part of the election campaign worker H and I’s breast part on the chest part of the election campaign worker.

Accordingly, the defendant interfered with the speech about the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning the examination of suspect in the police against J;

1. Statement in each police statement made to I and H;

1. Each description of an investigation report (a photograph of a suspect's appearance); a criminal investigation report (Attachment to the site photograph of the case); a criminal investigation report (Attachment to CDs attached to video data submitted by the victim H); a internal investigation report (on-site CCTV verification report); a internal investigation report (on-site CCTV verification report); a criminal investigation report (on-site phone verification report); and a criminal investigation report (report on the contents of telephone conversations of the victims);

1. Application of each video statute, such as field photographs, photographs of the suspect's appearance, and field photographs;

1. Relevant Article 237 (1) 2 of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 237 (1) 2 of the Act on the Selection of Public Officials in Charge 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 favorable circumstances):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the Defendant’s act of sentencing Article 334(1) of the Criminal Procedure Act is against the freedom of election, which serves as the basis of free democracy, the Defendant’s fault is not weak. However, the Defendant’s act is against his own mistake, and the same crime is committed prior to the instant crime.

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