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(영문) 창원지방법원 2017.08.24 2017고합132

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

On April 21, 2017, at around 18:30, the Defendant discovered the poster of the 19th President Election C, which was attached to the wall on the front side of the main apartment complex located in the 14th President Gidong, Gisan-dong, Gidong, Ginam-si, and used a knife (14.5cm in total length, 7cm in length in knife, 7cm in knife, 10 X).

The Defendant continued to move the place and found the poster of the 19th presidential election C candidate, which was attached to the wall on the front of the 19th presidential elementary school in the same state, and was in the form of X-X using the above knife.

Accordingly, the Defendant damaged the poster 2 by the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. The police seizure protocol and the overall list of seized articles;

1. Application of Acts and subordinate statutes to report internal investigation and accompanying documents;

1. Article 240 (1) of the relevant Act and the Act on the Election of Public Officials for the Selection of Punishments, concerning facts constituting an offense;

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 (an aggravated punishment for concurrent crimes against a violation of the Public Official Election Act committed in front of a State elementary school with heavy circumstances);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant asserts to the effect that, at the time of each of the instant crimes, the Defendant was under influence at the time of the instant crimes, and that the Defendant was in a physical and mental state due to depression, etc. on the part of the Defendant.

In full view of the circumstances, such as the circumstances leading up to each of the instant crimes, the means and methods of the instant crimes, and the circumstances after the instant crime, which can be recognized by the records, the Defendant was somewhat under the influence of alcohol at the time of each of the instant crimes, and the Defendant was found to have a de facto disorder, but the fact that the Defendant was found to have no capacity to discern things or make a decision, was found to have been unable

does not appear.

Therefore, this part of the defendant.