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(영문) 인천지방법원 2017.09.22 2017고합451
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall infringe on the secrecy of voting or influence voting by recommending a specific political party or candidate to cast his/her vote or disclosing his/her vote at a polling station, and shall conceal, destroy, damage, or seize facilities, equipment, equipment, documents, seals, or electoral lists related to the election management and control affairs, such as a paper for voting, ballot paper, aid for voting, computer system, etc.

Nevertheless, at around 12:24, May 5, 2017, the Defendant confirmed that he suffered dementia in front of the ballot box of the 19th presidential election of the 19th presidential election of the 19th presidential election in Bupyeong-dong, Bupyeong-gu, Incheon, Jung-dong, the Defendant properly marked the ballot box in the column of this symbol D, and confirmed C by forcing C to cut off the ballot box, and C had C cast a vote for the candidate of the H political party F, even though it had C cast a vote for the candidate of the 19th presidential election of the 19th presidential election of the 19th presidential election in Jung-dong, Seo-dong, Incheon, Dong-dong.

This refers to the large sound that should be made in a invalid ticket, and C laid the form of voting into the floor by hand.

As a result, the defendant infringed the secrecy of C's voting, affected C's voting by recommending C to vote for a specific candidate or disclosing voting at a polling station, and damaged C's voting paper.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Each police statement to J or K;

1. Application of Acts and subordinate statutes to teared ballot photographs;

1. Article 241 (1), Articles 241 (1), 167 (Violation of Secrecy of Voting, Selection of Imprisonment), Article 242 (1) 1 of the Act on the Election of Public Officials and Article 244 (1) of the Act on the Election of Public Officials (the fact of recommending specific candidates to vote), Article 244 (1) of the Act on the Election of Public Officials (the fact of damaging the forms of voting, the fact of damaging the forms of voting, the selection of imprisonment);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (aggravating concurrent crimes with punishment prescribed in a crime of violation of the Election of Public Offices Act due to damage to the site of the most hot voting);

1. Reduction of a small amount;

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