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(영문) 부산지방법원 2017.08.04 2017고합240
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall assault, threaten, or threaten a candidate for an election, or illegally arrest or detain a person who intends to become a candidate for the elector in connection with the election, or seize goods used for an election campaign under this Act, from among persons who intend to become a candidate, office chiefs, office chiefs, election campaign assistants, assistant members,

On April 26, 2017, the Defendant: (a) directed the 19th presidential election that was scheduled to take place on May 9, 2017; (b) sought from the victim F (55 years) who is a campaign speechmaker for the candidate E of the D political party, and the victim G (48 years) who is the election affairs in order to stop the vehicle at the same place to make a campaign speech; and (c) he saw that he was on the front of the 19th presidential election that was scheduled to take place on April 26, 2017; (d) sought from him as soon as possible, “I pit, I am to the country of the width”; and (d) dump the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bat

As above, Defendant assaulted election clerks and campaign speechmakers in relation to the 19th presidential election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to each investigation report, each internal investigation report, each photograph (up to 2,5, and 7 times a year), cell phone text messages printed out, the table of 112 reported cases, the presidential election schedule, the presidential election affairs schedule, reply, appointment and name cards, and Nowon-gu copies upon a request to verify whether the office staff members related to the 19th presidential election are registered;

1. Article 237 (1) 1 of the Act on the Election of Public Officials in Charge of the relevant facts constituting an offense and Article 237 (1) 1 of the Election of Public Officials;

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

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 punishment: Fines of KRW 5,000 to KRW 45,000,000;

2. Each crime in the judgment of sentencing is not set a separate sentencing criteria.

The Defendant’s election campaign clerks who carry out an election campaign without any reason.

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