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(영문) 창원지방법원 마산지원 2017.07.21 2017고합40
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 May 9, 2017, the Defendant may know of the voting method at the 3st polling station of the 19th presidential election D, which was prepared in the Do community service center located in the Masan-si Member C, Changwon-si on May 10, 2017.

The voting management officer tried to cast and submit a vote instead of the voting paper from the mother's parent, and the voting management officer failed to stop it, and he destroyed the total of two copies of the defendant and the mother's voting paper on which the defendant puts his vote.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on internal investigation ( telephone conversations with a voting management officer - overall developments leading to the damage of voting papers);

1. Application of Acts and subordinate statutes on voting records;

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. 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 punishment by law: A fine of not less than 2.5 million won but not more than 15 million won;

2. The scope of the sentencing criteria set on the recommendation criteria; and

3. The Defendant, who made a decision on the sentence of sentence, has teared and damaged the voting paper in a voting place that serves as the basis of democratic politics, and has taken a bath to a public official who performs legitimate election affairs, and failed to avoid disturbance in the voting place, and the nature of the crime is minor;

There is no room to view it.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake in all, the fact that the defendant is against himself, the fact that the old-age voting accompanied by the voting slip led to the occurrence of vision, and the fact that the defendant seems to have political intent or purpose was not likely to have existed, the sentence like the order shall be imposed in consideration of all other sentencing conditions specified in the pleadings.

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