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(영문) 대구지방법원 2018.07.27 2018고합250
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

On May 7, 2018, the Defendant: (a) reported the victim E ( South, 49 years old) who was registered as a prospective candidate for the “D” constituency in the 7 simultaneous local elections C at the same time, and reported the residents to engage in personnel management and public relations activities, and (b) reported the victim’s desire to “I will not engage in an election campaign,” and (c) caused the victim to go beyond the control of the victim by hand, and (d) caused the victim to go beyond the control of the victim for about three weeks in need of medical treatment.

Accordingly, the defendant assaulted a person who wishes to be a candidate in connection with the election.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Report on internal investigation (to be attached to a suspect's committing a crime taken from on-site CCTV), investigation report (Submission of a diagnosis report of a victim's hospital), investigation report (verification of on-site CCTV and recording files), and the application of the statutes attached thereto;

1. Relevant Article 237 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 237 (1) 1 of the Act on the Selection of Public Officials in Charge of Punishment;

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 five million won to 30 million won;

2. Scope of the recommended punishment according to the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: A fine of five million won is an act of assaulting a preliminary candidate during an election campaign, which is contrary to the intent of the Public Official Election Act to protect the freedom of election campaign, thereby infringing on important social legal interests of the preliminary candidate beyond the infringement of legal interests of the preliminary candidate.

Furthermore, in light of the fact that the Defendant continuously obstructed free election campaigns by provoking time expenses to the victim before committing the crime, the nature of the crime is not good.

Defendant has already been punished several times for violent crimes.

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