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(영문) 인천지방법원 부천지원 2017.09.01 2017고합149
공직선거법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall assault or threaten a person who intends to become a candidate for an elector in an election, the head of an election affairs, the head of an election liaison office, an assistant for election campaign worker, accountant in charge, election campaign speechmaker, or elected person.

Nevertheless, the Defendant, at around 16:10 on May 2, 2017, was drunk before the 19th presidential election C candidate vehicle in the 955 public parking lot (North Korean change), as Kimpo-si, Kimpo-si, Kimpo-si, 2017, and was under the influence of alcohol before the 19th presidential election C candidate vehicle, and then “hicking the name.”

Irreceer

No. 50 d.

C and D shall be elected.

With respect to the phrase "", the victim E, who is the elector who has completed a speech at the U.S. vehicle, will keep the defendant and report the disturbance to interfere with the election campaign.

The defective firecrackers shall be flicked against the victim, and "packer and dead shall be discarded."

The victim’s face was bucked at one time by hand, and the victim’s buckbucks, walking with the victim’s buckbucks, and the chest part was pushed by hand.

As a result, the defendant assaulted the victim who is the elector in the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

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

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. Whether the sentencing criteria are applied: No sentencing criteria shall be set;

3. Determination of sentence: In light of the purport of the Public Official Election Act that protects the freedom of election campaign, the Defendant’s responsibility is not exceptionally against the Defendant’s act of assaulting the elector without any particular reason.

(b).

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