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(영문) 울산지방법원 2017.08.25 2017고합198

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 interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

Nevertheless, the Defendant, at around May 3, 2017, damaged the posters under the Public Service Election Act two times by exposing up the C candidate’s election posters from among the election posters installed in the 19th presidential election campaign liaison office located in Yangsan-gu, Busan Pung-si Pung-si, Busan, by walking three times with the poster, and continuously walking up about 50 meters away from the place, among the election posters installed in the iron gate, the Defendant damaged the posters under the Public Service Election Act twice.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on election posters, photographs, and CCTV screen pictures;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. Aggravation of concurrent crimes as provided for in 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 concerning grave damage);

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

1. The act of damaging or removing posters, etc. in accordance with the Act on Election of Public Officials on the Grounds of Sentencing under Article 334(1) of the Criminal Procedure Act with regard to the sentencing of a provisional payment order shall be taken into account under the circumstances unfavorable to the defendant, such as an act of infringing on the efficient management of an election for public office and the right of the elector to know, and the liability for the offense

On the other hand, the fact that the defendant seems to have committed a contingent crime in the drinking town, that he was the first offender, that all of his errors are recognized and reflected, and that his family members clearly have social ties, such as the defendant's desire to take the preference of the defendant, etc., shall be considered as favorable to the defendant.

In addition, this case, such as the scale, method, degree of damage to posters, age, sex, environment of the defendant, motive, means and result of the crime, etc.