logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.30 2017고합213
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall conceal, destroy, damage, or seize facilities, equipment, documents, seals, or elector lists related to the election management and control affairs, such as a ballot paper, ballot paper, aid for voting, computer system, etc.

On May 9, 2017, the Defendant visited the F polling station located in the third floor of the E community service center located in Dong-si, Ma on May 13:30, 2017, with her husband G and dementia H (n, 86 years old) to vote for the presidential election, and received H’s ballot papers together.

However, although the Defendant was unable to vote in the mixed balloting booth because H was unable to vote in the mixed balloting booth, it was difficult for H to enter the balloting booth, the Defendant was unable to enter the balloting booth along with I on behalf of the voting management officer.

Accordingly, the Defendant refers to H three pages of voting paper, stating that “The mother, third, third, and third, and third,” and had H put a ballot paper, but did not put on the ballot paper, and reported “h if the ballot paper was not put on,”

The term "emulsion invalid" means "a vote to be invalid", and the vote was cut in hand by H.

Accordingly, the Defendant damaged one ballot paper.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A police statement and statement concerning I;

1. Statement of the police statement related to G;

1. On-site photographic data ( damaged voting paper), internal investigation report (Submission of damaged ballot paper e-mail), and damaged voting papers in E polling station;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 244 (1) of the relevant Act concerning facts constituting an offense and Article 244 (1) of the Act on the Election of Public Officials in Charge of Selection of Punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The offenses against which the sentencing criteria are not applicable shall be committed;

arrow