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(영문) 수원지방법원 안양지원 2017.09.15 2017고합114
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

If a person makes a disturbing speech or behavior in the polling station, the voting management officer or voting affairs clerk shall restrain it, and if he refuses complying therewith, he shall be compelled to withdraw from the polling station or within the restricted distance.

On May 9, 2017, the Defendant: (a) was located in Gu C, and installed under D, in E polling stations established during the Gyeonggi-si, around May 11:10, 2017; (b) on the ground that, under the influence of alcohol, a seal affixed on his/her ballot paper as if the seal affixed on his/her voting paper was assembled, and thus, the “person” of the seal affixed is not visible; and (c) the Defendant was a large voice.

“Voting witnesses, voters, and voters at the same place, present the voting paper, and the voting management officer F and voting office G from the voting office G, “D. at the polling station,” in response to an order, and without complying with this order, “h. at the polling station” is continuously large by no later than 1:36 on the same day.

다시 내놔! 선거가 개판이다

Crackers, etc., and walked with a disturbance.

Accordingly, the defendant refused to comply with the order of expulsion and withdrawal from the voting management officer and voting affairs clerk by making a disturbing speech and behavior in the voting place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. 112 Reported case lists and report on internal investigation;

1. Application of Acts and subordinate statutes to replies related to requesting cooperation in investigation and copies of the list of election workers;

1. Article 256 (3) 2 (f) and Article 166 (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 256 (3) 2 (f) and 166 (1) of the Election of Public Officials;

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 the recommended punishment on the sentencing criteria: The sentencing criteria are not set;

2. The crime of this case with the sentence of sentence shall be committed by the defendant at the polling station for the 19th presidential election, and the voting management officer and voting clerks shall comply with the order of withdrawal.

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