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(영문) 대전지방법원 2017.09.21 2017고합210

공직선거법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall obstruct the preparation, posting, posting, or installation of posters, placards, or other propaganda facilities under the Election of Public Officials Act without any justifiable reason, or damage them.

1. On April 25, 2017, the Defendant damaged the poster for election of the Defendant, on April 25, 2017, at around the top of the fence of dry field Ma apartment apartment, which is located in the 25-ro, Jung-gu, Daejeon, Seo-gu, Daejeon, Daejeon, about April 25, 2017, found that the Defendant was fitted with the 19th presidential election poster on the wall at that place, and damaged the CD party E’s face of the poster for election of the candidate H of a political party H on the 3th presidential election, such as putting the end short of the end.

2. On April 27, 2017, the Defendant: (a) discovered that the 19th presidential election poster was replaced to the wall at the place indicated in the above paragraph (1) around April 27, 2017; and (b) destroyed the front face of the said E candidate and H candidate’s election poster with the front stick.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (locked investigation and specific details of the suspect);

1. Investigation data:

1. A list of seized articles;

1. Application of the Acts and subordinate statutes to photograph photographs on each spot (20 to 24, 27-31 pages), CCTV photographs (the face of a crime), a suspect A, and a prote for delivery;

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. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Election of Public Officials Act, April 27, 2017, heavier than the aggravated punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of punishment by law: A fine not exceeding six million won;

2. Scope of the recommended punishment according to the sentencing criteria: The sentencing criteria is not set; 3. The accused of a fine of 700,000 won shall face the specific candidates from among the posters for election under the Public Official Election Act without justifiable grounds.