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(영문) 서울중앙지방법원 2020.08.25 2020고합460

공직선거법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

On April 9, 2020, the Defendant, at around 16:13, 2020, damaged the math of wooden material in advance, which was inserted into the poster No. 21 National Assembly Members Election B No. 3-1, which was attached to the wall, before the 146 Nowon-gu Seoul Metropolitan Government No. 146 No. 9 No. 3-1 exit.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (the attachment of a photograph by cutting a CCTV image of a "D building"), a report on internal investigation (the CCTV inside the Nowon-gu 1-dong community service center), and a report on internal investigation (the reply to personal information of the suspected victim);

1. Application of damaged posters, photographs and Acts and subordinate statutes;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The crime of this case, which constitutes a fine of one million won, is an act that damages campaign posters under the Public Official Election Act, and such act is disadvantageous to the fact that the relevant crime is not against the law in terms of the right to know the elector, and hindering fair election campaigns.

However, it is advantageous to the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, the elderly, and the fact that there was no record of punishment for the same kind of crime in addition to the fine imposed in the course of his election campaign in 2002.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the character and conduct of the defendant, the environment, the motive and background of the crime, the means and method of the crime, the circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments