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(영문) 의정부지방법원 고양지원 2017.08.11 2017고합110
공직선거법위반등
Text

A fine of KRW 1,00,00 for the crimes of KRW 5,00,00 for the crimes of KRW 2 in the holding of the defendant.

Reasons

Punishment of the crime

1. On April 23, 2017, the Defendant in violation of the Election of Public Officials Act discovered that he/she was making an election campaign speech for the candidate D on the road in front of his/her identity village 6 complex located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, 35, and on the road in front of his/her identity village 6 complex, and accessed the above lubing vehicle while under the influence of alcohol, and “In this case, the country is changed.”

“Along with sound, E, and F, a cause of election affairs, prevented the Defendant, and assaulted the said E’s chests by hand, and pushed the said F’s arms.

Accordingly, the Defendant assaulted E and F, a cause of election affairs, in relation to the 19th presidential election.

2. On April 23, 2017, the Defendant obstructed the performance of official duties, at around 17:50, and received 112 reports at the places indicated in the preceding port, and committed assault, such as that the security guards belonging to the Goyang Police Station G police box, who was called out, assaulted the chest of the above H on-site investigation, and pushed down the said H’s chests.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by H 112, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and E;

1. Application of Acts and subordinate statutes to report internal investigation (a video recording of a suspect who obstructs the performance of official duties), investigation report (a letter of appointment of election clerk);

1. Article 237 (1) 1 of the relevant Act and Article 237 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts (the point of obstructing an election, the selection of fines), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public services and the selection of fines);

1. Article 18 (3) and 18 (1) 3 of the Act on the Election of Public Officials for Separation of Concurrent Crimes;

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 by law:

(a) Violation of the Public Official Election Act: Fines of five million won and 30 million won; and

(b) Interference with the performance of official duties: Fines not exceeding 10 million won;

2. The sentencing criteria shall not apply as the scope of each fine is selected on the basis of the sentencing criteria.

3. Determination of sentence: a fine of KRW 5 million for a crime set forth in the holding, and a fine of KRW 1 million for a crime set forth in the holding.

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