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(영문) 서울남부지방법원 2013.06.27 2013고합139
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50.1 per day.

Reasons

Punishment of the crime

The defendant is the general affairs of "D", which is a protection facility for persons with severe disabilities in Gangseo-gu Seoul Metropolitan Government C.

On November 4, 2012, in relation to the 18th presidential election and the re-election of the Superintendent of the Office of Education of the Seoul Special Metropolitan City, the Defendant: (a) made E, an employee of the above facility, not capable of properly understanding the purport of the absentee report due to a serious mental disorder; and (b) made it possible for the Defendant to prepare a report of reported absentees by mail to send it to the Gangseo-gu Election Commission for reported absentees, including the F (cadastral disability 1), G (cadastral disability 1), H (cadastral disability 1), I (cadastral disability 3), I (cadastral disability 2), J (C), K (Medical Injury 3), M (C), N ( intellectual disability 1), P (C), P (C), Q (C), 2 (C), Q2 (C), and R1, 13).

As a result, the defendant reported 13 persons such as F, etc. to the electoral register for reported absentees by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and S;

1. Investigation reports (Attachment to the disability grade table for the disabled);

1. The application of Acts and subordinate statutes on the rating table for disabled persons, such as a list of reported absentees, 13 persons, such as a list of reported absentees, a list of reported absentees, a copy of absentee report-to-F (52 years of age, credit), prohibition of acting reporting by proxy or proxy voting, delivery of personal information, guidance on the establishment of residential facilities for disabled persons and on the establishment of polling stations, mail receipt certificates, copies

1. Relevant Article 247 (1) of the Public Official Election Act and Article 247 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed in the Public Official Election Act concerning the filing of absentee reports with respect to the largest F)

1. Grounds for sentencing under Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. Statutory penalty: A fine not exceeding 7.5 million won;

2. Sentence: Fines of 700,000 won; and

3. The reasons for sentencing.

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