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(영문) 대구지방법원 포항지원 2017.09.21 2017고합57
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall assault an electoral clerk in connection with an election.

Nevertheless, on May 8, 2017, the Defendant carried out an election campaign in front of the D's pharmacy located in North-gu C in North Korea-si, Mapo-si, Mapo-si on May 8, 2017

In the 19th presidential election E., the victim H (L. 62 years old) who is the administrative affairs of the F Party G candidate’s election of the F Party Party G refers to the victim H (L. 62 years old) and the victim who makes a statement to support the I Party J candidate, “G party candidate is standing but does not interfere with the G Party candidate, and does not comply with the basic precedent,” and the victim expressed the victim’s desire to “Nehn, Chewing,” and she saw the victim as “Neh, Chewing,” and put the victim’s shoulder over 2-3 times.

As a result, the defendant assaulted the victim who is a cause of election affairs to interfere with the freedom of election, and at the same time, caused the victim to be treated for about two weeks, such as dynasium, dynasium, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and K;

1. Investigation report (on-site conditions and reasons for voluntary accompanying);

1. Seven copies of the on-site photographs;

1. Persons related to election affairs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 237 (1) 1 of the Act on the Election of Public Officials in the relevant Act on Criminal facts (the point of violence by an election secretary and Article 257 (1) of the Criminal Act);

1. Articles 40 and 50 of the Criminal Act concerning conceptual concurrent crimes (Punishments imposed on a person who violates the Election of Public Offices with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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. The scope of applicable sentences: Fines of 2.5 million won to 15 million won;

2. The sentencing criteria are not set on the violation of the Public Official Election Act, and the sentencing criteria are not applied since the sentencing criteria are not set on the violation of the Public Official Election Act.

3. A extenuating circumstances that are disadvantageous to a sentence: A defendant is an election secretary regarding an election that serves as the foundation of democracy.

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