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(영문) 울산지방법원 2013.12.27 2013고합28

공직선거법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 3, 2012, at around 21:30 on December 21, 2012, the Defendant: (a) released one string of the 18th presidential election, which was carried out by the head of the Dong-dong, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and then damaged the said banner by taking several times.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on banner photographs;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the purpose of legislation of the Public Official Election Act that intends to protect the elector’s right to know, freedom of election campaigns and the fairness of election campaigns, utility of legitimate election management, etc., and the form, method, etc. of committing a crime in sentencing under Article 334(1) of the Criminal Procedure Act, the crime of the accused shall not be considered to be the quality of such crime.

However, the Defendant appears to have committed the instant crime in contingency under the influence of alcohol, and there is no other material to deem that there was any political intent or purpose to influence the election, the method of committing the instant crime also does not seem to be easily able to cover the banner by hanging one stringing the banner, the banner itself is not damaged, the instant crime in fact seems to have little effect on the election result, the Defendant does not have any criminal history exceeding the fine, and other all the sentencing conditions specified in the records and arguments of the instant case shall be determined as the same as the order.