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(영문) 서울중앙지방법원 2014.10.08 2014고합1090
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

Defendant is a person who works for a labor day.

No one shall assault an election campaign worker in connection with an election.

피고인은 2014. 5. 28. 15:25경 서울 동작구 상도로 348 소재 현대자동차 앞 노상에서 제6회 전국동시지방선거 서울시의회 의원 선거 후보자 C의 선거사무원인 D이 들고 있던 C의 홍보용 팻말을 보고 기분이 나쁘다는 이유로 ‘이 새끼 왜 웃냐. 기분 나쁘게’라고 말하고 욕설을 하면서 주먹으로 D의 가슴 부위를 1회 때렸다.

As a result, the Defendant assaulted D, an election campaign worker, for the 6th nationwide local election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (D telephone conversations);

1. Application of Acts and subordinate statutes on a report on appointment of election campaign managers or election campaign clerks;

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. According to each evidence of the judgment regarding the defendant and his/her defense counsel's mental and physical disorder in accordance with Articles 70(1) and 69(2) of the Criminal Act, it is recognized that the defendant was under the influence of alcohol at the time of the crime, but the defendant did not have the ability to discern things or make a decision.

Therefore, this part of the assertion cannot be accepted as it seems to be in a state or weak condition.

The crime of this case, where the sentencing guidelines are not set for the crime of this case for the reason of sentencing, is an assault against the election campaign worker, and the responsibility is not exceptionally imposed in that it is a serious social criminal act that obstructs the freedom of election beyond the personal infringement on the rights of the election campaign worker.

The defendant has been punished by violence in the past four times or more, and he did not receive a letter of suspicion from the victim.

However, the defendant is punished for crimes related to election.

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