logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.08.04 2017고합241
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall interfere with voting in any polling station without justifiable grounds, have any person cast a vote or have any other person cast a vote in a deceptive manner, or try to cast a vote.

Nevertheless, on May 9, 2017, the Defendant took the 19th presidential election D established in the office of the 19th presidential election of the Dong representative of the Busan-gu Incheon Metropolitan City apartment building C-dong, without any justifiable reason, to the balloting booth under the pretext that the Dac, who was waiting in the front of the balloting booth, is informed of the voting guidelines without any justifiable reason, and then the female seems to be a gate and a master, and the Defendant thought that it was a son, who was unable to understand the voting guidelines well. The Defendant thought that it was a woman, and then, on his/her own ballot paper, voluntarily recorded the ballot paper by the suspect, and then delivered the ballot paper to the female,

Although he did not refuse to do so, he did not achieve his intention.

Defendant interfered with the E’s voting without any justifiable reason, and tried to vote in a deceptive way.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to F and E by the prosecution;

1. Application of Acts and subordinate statutes to the accusation note and the voting papers cast by proxy;

1. Article 242 (1) 1 of the Act on the Election of Public Officials and Article 242 (1) 1 of the Act on the Election of Public Officials for Criminal Crimes (a point of interference with voting in a polling station) and Article 248 (1) of the Act on the Election of Public Officials (a point of above-mentioned voting, and a choice of imprisonment

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a crime of violating the Election of Public Officials due to a heavier concurrent vote);

1. Article 62(1) of the Criminal Act provides that the sentencing guidelines for sentencing are not set.

1. Scope of applicable sentences: Imprisonment with prison labor for one month to seven years;

2. The Defendant, who was sentenced to a sentence, voluntarily put a vote in the ballot paper of E, and said that the ballot paper written to E is put in the ballot box.

The crime of this case excludes the elector’s right to vote against the representative system and the principle of secret voting.

Accordingly, a national.

arrow