(영문) 전주지방법원 2014.12.18 2014고합275

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(영문) 전주지방법원 2014.12.18 2014고합275

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was the person who was the head of the Jeonbuk-gun C Village in the Jeonbuk-gun, and was aware of the fact that the visit was made in the nationwide City/Si/Gun election ( June 4, 2014) due to the reason that D was the head of the Dong/Dong.

At around 16:00 on May 27, 2014, the Defendant received an envelope containing 6 pages of the residence ballot paper which was not opened from F (Unju/Gun election paper, unju/ Gun election paper, pre-North Do governor election paper, ballot paper for pre-North Do council election for proportional representative Do council members, ballot paper for proportional representative Do council members, and ballot paper for pre-North Do council members election for the former Superintendent of the Provincial Office of Education), and sent the residence ballot by mail to the election commission of Unju/Kun by means of fraud, and then sent the residence voting by means of fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Recording notes;

1. Application of statutes concerning H/D abode copies;

1. Relevant Article 248 (1) of the Public Official Election Act and Article 248 (1) of the Public Official Election Act concerning criminal facts;

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

1. The sentencing criteria is not set for the crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

The defendant has harmed the fairness of election for public office by voting at residence in a false manner, and the nature of such crime is not good.

However, considering the fact that the defendant recognized the facts of the crime of this case and reflected against the defendant, the fact that there are not peeped circumstances that can be seen as attributable to the intention of having an illegal impact on the election as a crime with D1 person, and that there is no same criminal record for the defendant, the punishment shall be determined by taking into account the overall sentencing conditions and the circumstances prescribed in Article 51 of the Criminal Act.

참조조문

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