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(영문) 대구지방법원 서부지원 2013.04.11 2013고합27
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A has served as the president of D, who is a facility for the disabled from March 201, and Defendant B has served as the head of the above D Secretariat from July 2010.

On November 16, 2012, the Defendants decided to file reports in relation to the 18th presidential election from the above D, which is located in Daegu-gun E, to the severely disabled persons, with the meaning that they should file reports in relation to the 18th presidential election. On November 20, 2012, Defendant B voluntarily prepared and sent a written report for reported reports to nine persons, such as severely disabled persons, G, H, I, J, K, L, M, and N, who are admitted to the above facility, by mail, and on November 22, 2012, submitted a false report for reported reports to the community service center, etc. having jurisdiction over the resident registration place of each resident to which the resident belongs.

As a result, Defendants conspired to report as a false absentee.

Summary of Evidence

1. Defendants’ legal statement

1. An investigation report (report on attachment of data, such as a list of reported absentees, and a report on verification as to whether voting at residence is held);

1. Application of Acts and subordinate statutes of one copy of a written confirmation, a copy of absentee report, a copy of reported report to electors for persons with disabilities, a copy of business process records to political parties and candidates, a list of names D, investigation records, a list of reported absentees, a list of individual disabilities and mental and medical services;

1. Relevant provisions and Articles 247 (1) and 30 of the Public Official Election Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Public Official Election Act against the heavyJ)

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

1. The instant crime was committed with the intent to assist disabled persons in exercising their voting rights, as alleged by the Defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, with regard to the sentencing of Article 334(1) of the Criminal Procedure Act. However, the instant crime was committed with eligible voters.

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