(영문) 대전지방법원 홍성지원 2013.05.30 2013고합19

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(영문) 대전지방법원 홍성지원 2013.05.30 2013고합19

공직선거법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 11, 2012, at around 12:16, the Defendant, at around 12:16, was able to say that there was an objection against the state administration of Pyeongtaek-gun, Hongsung-gun, under the influence of alcohol in front of a uniform parking lot in Hongsung-gun, Hongsung-gun, and the head of the election campaign liaison office, who was holding the election campaign speech at the same place, called “Isn't get to be opened, Isn't get to be elected.” The Defendant was able to fit for the parts of the instant E’s return.

Accordingly, the defendant assaulted the election campaign manager and the chief of the election campaign liaison office.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant assaults an election campaign manager and a person holding the chief of the election campaign liaison office in relation to the election, and considering the fact that the defendant's act causes an obstacle to free and fair election, the defendant's liability cannot be deemed to be light.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions of the case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., in consideration of the following factors: (a) the defendant committed a crime for which he was committed in this court when he was committed; (b) the degree of violence is minor; (c) the victim and the defendant agreed smoothly with the victim; (d) the defendant has no criminal records of the same kind related to the election; and (e) the defendant committed the crime of

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