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(영문) 전주지방법원 2014.09.04 2014고합163
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

Around May 17, 2014, the Defendant entered the name, resident registration number, address, etc. in the “D Senior Citizens’ Medical Center” in the “D Senior Citizens’ Medical Center” located in the Seoul Special Self-Governing City (Seoul Special Self-Governing Province) from around December 2, 2011 to “Isson’s disease and long-term care Grade 2” disease. From around December 2, 2011, the Defendant entered “E” in the “D Senior Citizens’ Medical Center” list as “Isson’s disease and long-term care class 2,” and returned it to the election commission of the Republic of Korea, including that Isson’s name, resident registration number, address, etc., on the 6th regional election (Enforcement Date of June 4, 2014), and made the Defendant enter the name “E” in the “E” list in the “E’s ballot paper to return it to the competent election commission, and made the Defendant returned it in the “E’s ballot paper” list to the competent election commission.

As a result, the defendant stated about four above E et al. in the list of reported abode voters by fraud, and made voting.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, and J;

1. Sending replies with results of delivery, copies of an application for residence voting, and reference materials for investigation of postal items nationwide or local elections;

1. Management cards for inmates, each observation date, and notification of data for investigation cooperation;

1. Application of each investigation report (a confirmation of the residence voter's ability to determine his/her intention, etc., a copy of an application for voting at residence in the shot-gu, and a criminal investigation report (the filing of images by checking and capturing video CD

1. Article 247(1) of the Public Official Election Act (the fact that there is a false record and a fine) regarding criminal facts and the selection of punishment, and the method of fraud under Article 248(1) of the Public Official Election Act.

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