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(영문) 수원지방법원 2014.09.04 2014고합434
공직선거법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:15 on July 19, 2014, the Defendant expressed, at the speech meeting meeting of the candidate F for the National Assembly member of the E-political Party in the upper half-time E-election in 2014, the E-election of the National Assembly member in the front of the D Contracting State in Suwon-si, Suwon-si, the Defendant expressed that the E-party number of the E-party members of the National Assembly member of the National Assembly who was going through through a speech meeting of F for the National Assembly member of the Republic of Korea, “I slick by turn off and slick,” and if G who is a volunteer restrains this, the Defendant slick up the flick, which was installed at the place, and slick up with the pulp and the election flick vehicle, and supported the Defendant’s face as soon as possible by slicking the victim I (the victim I(the age 48) who was a volunteer, and blocking the victim’s face.

As a result, the defendant interfered with the assembly and campaign speech regarding the election, and at the same time, the victim took a face of the face of the need for medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to I, J, and K;

1. Reports on internal investigation and each investigation report (the No. 4 through 7, 9, 10, 12, 13, 14, 17 through 20 of the evidence list);

1. Application of Acts and subordinate statutes to field photographs;

1. Relevant Article 237 (1) 2 of the Public Official Election Act (the point of obstructing assembly and speech) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Public Official Election Act heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "special election for National Assembly members") is that the defendant interfered with the campaign speech of candidates for the re-election of National Assembly members and inflicted an injury on volunteers, and thus obstructing election campaigns by using physical force is an election campaign.

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