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(영문) 수원지방법원안산지원 2020.09.28 2020고합187
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. No person who violates the provisions of prohibition of a disturbing speech and behavior inside or outside the polling station shall refuse to comply with an order of the official in charge of advance voting management or voting clerks to refrain from a disturbing speech and behavior within a 100-meter radius from the advance polling station or advance polling station or to oppose a specific political party or candidate;

Nevertheless, at around 08:30 on April 10, 2020, the Defendant: (a) requested D advance polling stations located on the fourth floor in Ansan-si, Seosan-si B to lock Maske to verify the identity of the voting clerks E; (b) stated that “C was a public official of the same kind in fluor and crona; and (c) took a large voice on the ground that proportional representative ballot papers become a fluor, and continued refusing to comply with the order of the official in charge of voting management by continuing to engage in any disturbing speech and behavior, such as tearing, even though the Defendant was ordered by F several times from the official in charge of voting management to stop 10 minutes in quantity, giving a large amount of 10 minutes in order to check the status of the voting clerks E; and (d) continued to comply with the order of the official in charge of voting management.

2. The Defendant, at the same time and place as the preceding paragraph, destroyed one of proportional representative ballot papers received for advance polling, such as assault and disturbance against persons, facilities, etc. related to election affairs management.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. Written accusation (including photographs attached thereto);

1. Application of Acts and subordinate statutes to report internal affairs (including photographs attached thereto), 112 reported case handling table, investigation report (including photographs attached thereto, such as a place where the ballot paper is damaged);

1. Article 256 (3) 2 (f), Article 166 (5) and (1) of the Public Official Election Act (which shall not comply with orders given by officials in charge of voting management, selection of fines), Article 244 (1) of the Public Official Election Act concerning facts constituting an offense;

1. The Criminal Act among concurrent crimes.

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