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(영문) 창원지방법원 통영지원 2013.10.24 2013고합7
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, at around 15:05 on November 30, 2012, in order to carry out an election campaign against the candidates for the 18th presidential election D, in front of the 18th presidential election DD, in Tong-si, Dong-si, the Defendant: (a) made a speech on the G truck, which is an oil-free vehicle; (b) reported that the election campaign workers are working at a rate around the said vehicle; and (c) reported that the election campaign workers are working at a rate; and (d) reported that “Is off the vehicle; (e) there is no person to whom Is off the vehicle; (e) there is no person to whom Is off the vehicle; and (e) carried out several large numbers of things; and (e) the election campaign workers stop the Defendant; and (e) purchased the guidance for life in the surrounding commercial area; and (e) life of the above E candidate was 30 minutes away from the back of the above vehicle.

As a result, the Defendant interfered with the freedom of election in a way that interferes with the above F and D election campaign workers’ assemblies, as seen above, with respect to the 18th presidential election.

Summary of Evidence

1. A protocol of examination of partially the accused by the prosecution;

1. Investigation record of the criminal suspect against the defendant;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to a candidate who is located in a column for photography;

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 2 of the Public Official Election Act (Selection of Fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the Defendant’s reason for sentencing of the sentencing order under Article 334(1) interfered with the election campaign speech of election campaign workers by preventing election campaign workers from leading themselves to the election campaign workers and leading them to a string vehicle, and the election campaign workers have reduced the election campaign hours originally planned to be 1 hour to 45 minutes, thereby infringing on the freedom of election, such as early termination of pay taxes.

In addition, considering the fact that the defendant has committed several crimes in the past and the defendant has been absent in the public trial.

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