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(영문) 대구지방법원 2013.05.10 2013고합102
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the Vice-President of the "D Hospital" in Daegu Suwon-gu C.

No person shall file a false absentee report in the 18 presidential election implemented on December 19, 2012.

Nevertheless, at around 16:00 on November 23, 2012, the Defendant stated E’s personal information in the report form for the 18th presidential election report without obtaining E’s consent or approval from the Head of the above hospital. On the same day, the Defendant: (a) stated the reason for the report as “a person who is unable to enter the hospital or sanatorium for a long time; (b) a residence as “a person who is unable to enter the hospital or sanatorium for a long time”; and (c) a D Hospital located in the Daegu Suwon-gu Suwon-gu Suwon-gu, as if E completed the report as if he were reported, signed by the reporter; (d) and (b) made the Head of the general affairs division of the above hospital, G sent the report form for the registered mail to H branch office in the Daegu-gu, Suwon-gu, and made a false report (a residence vote).

In addition, the Defendant filed an absentee report with 37 patients of the above hospital in the same manner and at the same time and place as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written accusation;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by a written confirmation);

1. Relevant provisions of the Act and Article 247 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed not only against the free will of eligible voters, but also against the fairness of election, which is the foundation of democracy, because the intention of voters who are not the voters can be reflected in the election, and the election of public officials is fair in accordance with the free will of the people and democratic procedures.

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