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(영문) 서울중앙지방법원 2017.07.07 2017고합582

공직선거법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On April 20, 2017, at around 22:45, the Defendant damaged the poster (10m wide, about 76m long) in which the photograph, name, symbol, political party, etc. of 15 candidates for the 19th presidential election attached by the Central Election Management Commission attached to the 19th presidential election, which was located in the 19th presidential election, in front of the Seoul Jongno-gu Seoul Central Police Agency 31-gil, in front of the 31 Seoul Central Police Agency, which is the workplace rent, was removed by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording notes;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of standards for election posters);

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) is not set.

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The crime of this case in which the defendant voluntarily removed an election poster attached to the rice fluent of the government office, and the nature of the crime is not easy in that it harms the right of the elector to know, the fairness of election, and the efficiency of election management;

However, the election poster itself was not significantly damaged even though the cable to fix the poster, and it was caused by contingent crimes without any specific intention, and there is no record of crime.

In addition to these various circumstances, the sentence shall be suspended after selecting a fine in consideration of the various circumstances shown in the records and pleadings, such as character, conduct, intelligence and environment of the defendant, motive and consequence of the crime, circumstances before and after the crime.