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(영문) 의정부지방법원 2017.08.09 2017고합218
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No person shall disturb the order at the place of a speech, interview or debate at an open place, the place of an interview or debate, or by means of violence, threat, or any other means at the place of a political party meeting, or interfere with its proceeding.

Nevertheless, on May 1, 2017, the Defendant discovered that the 19th presidential election campaigned vehicles (vehicle number: E) of the candidates D of the political party B (vehicle number) in front of the 2nd presidential election section of the 19th presidential election campaign in front of the 19th presidential election campaign against the citizen of the Dong-si, Do-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, and stopped in the above vehicle after

C The F of the Political Party Election Secretariat and the vehicle owner G are “D”.

If this person is the President, he will become a country.

The term "W" means a large amount of 3 to 4 times the door of the driver's seat of a vehicle that prevents G from getting off the vehicle, and the cell phone that has continued to take the vehicle with the above F, etc. as video and the vehicle was displayed for time.

Accordingly, the Defendant disrupted the order of 20 minutes in the vicinity of the election vehicle at the open place, and obstructed the progress of the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Investigation report (inspection of owners of vehicles, C. Election campaign clerical staff members, and attachment of photographic materials of detailed vehicles);

1. Photographs (E) and on-site photographs of the suspected vehicle (at the time of committing the crime of the suspect);

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Article 256 (3) 1 (l) and Article 256 (3) 1 (l) of the Act on the Election of Public Officials in Charge of Criminal Facts and Selection of fines;

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 applicable sentences under law: Fines of 50,000 to 4 million won; and

2. The sentencing criteria are not set for offenses against which the sentencing criteria are not applied.

3. The crime of this case, which is determined to be sentenced, is to form a democratic will through an election.

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