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(영문) 서울북부지방법원 2020.09.11 2020고합240

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

No person shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under statutes, or damage or remove them, without justifiable grounds.

Nevertheless, at around 05:10 on April 14, 2020, the Defendant reported the posters of the 21st National Assembly members election candidates No. E, among the posters of the 21st National Assembly members of Seoul National Assembly established by the D Election Commission, and damaged the face face of the poster by 30 centimeters away from the street on the ground that the above F does not belong to the woman.

Then, at around 05:12 on the same day, the Defendant damaged the face value of the F candidate’s election poster established by the above election commission in Seoul G, with the upper 20cm of glass.

Summary of Evidence

1. Application of the CD-related Acts and subordinate statutes which duplicate the Defendant's legal statement, internal investigation report (on the face of a criminal suspect, CCTV analysis), internal investigation report (on the face of CCTV images attached), on-site photographs (on-site photographs, photographs, etc.), and each CCTV image;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 6 million won;

2. Whether the sentencing criteria are applied: The same shall not apply to a violation of the Public Official Election Act due to damage to campaign posters;

3. Determination of sentence: Determination of sentence of a fine of KRW 70,00,000 is that the Defendant damages the poster under the Public Official Election Act without any justifiable reason, and such crime cannot be assessed somewhat in that it harms the right of electors to know, the fairness of elections, and the efficiency of election management;

However, the Defendant recognized that all of the crimes of this case were committed, and committed a mistake.

The defendant shall have different species.