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(영문) 수원지방법원 2016.07.04 2016고합253
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On April 13, 2016, the Defendant: (a) was at the 20th polling station in the 20th election district E in the 20th National Assembly member election of the 20th National Assembly member established at the Mai-si Si Sin-si C; (b) was delayed in the electoral registry; (c) was informed of the complaint; and (d) received one head of the National Assembly voting site for the National Assembly member election of proportional representative National Assembly member and one copy of the voting site for the proportional representative member election; and (d)

The series of votes shall be brought to the house, and the number shall be plumbed, and the voting management officer shall be removed from the voting management officer, and two copies of the voting paper were teared in hand.

Accordingly, the defendant damaged the voting paper.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A detailed statement of the processing of reported cases;

1. Application of statutes on site photographs;

1. Article 244 (1) of the relevant Act concerning facts constituting a crime and Article 244 (1) of the Act on the Election of Public Officials in Charge of the Selection 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. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is that the crime infringes on the peace of voting by tearing the paper of voting at the voting place, which is the basis of democratic politics, and thereby hindering the election affairs, and that the nature of the crime is light.

shall not be deemed to exist.

However, there was a political intention or purpose different from the fact that the defendant led to the confession and reflect of the crime, and that the defendant committed the crime of this case contingently.

It does not seem that there is little degree of interference with election affairs, and that there is no criminal record other than that of a fine imposed once due to a crime committed against Defendant Lee Jong-chul, etc., taking into account the circumstances favorable to Defendant, such as age, sex, environment, family relationship, motive and circumstance of a crime, means and consequence of a crime, etc., and various sentencing conditions shown in the records and arguments, such as the circumstances after a crime, etc., as ordered.

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