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(영문) 수원지방법원 2018.08.30 2018고합349

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 6, 2018, at around 12:55, the Defendant damaged the D Party E’s candidate G, D Party H market candidate I, E’s superintendent of the office of education of the local government without justifiable grounds, among the 7-time election posters of candidates for simultaneous local elections, which were installed at the C fence in B around 12:55.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes governing the photographs of the damaged scene, CCTV images photographs around the scene, and the CCTV images images of a letter to the place where the election poster is attached;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, infringed the people’s right to know about the election by damaging the instant election posters, thereby impairing the efficiency of election management.

However, the fact that the defendant cannot be seen to have committed the crime of this case with the intent to affect the election, and other various sentencing conditions in the records, such as the defendant's age, sex behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.