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(영문) 광주지방법원 2013.03.27 2013고합14

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, around 03:02 on December 2, 2012, 2012, posted the 18th presidential election candidate at the iron fence, without any particular reason, on the front side of the D apartment 103-dong, Southern-gu, Gwangju, without any specific reason.

Accordingly, the Defendant damaged the poster for the 18th presidential election without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Application of Acts and subordinate statutes to investigation reports (specific with respect to raising the suspect), field photographs;

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

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

1. In light of the fact that the election posters under the Public Official Election Act are damaged without justifiable grounds for sentencing of Article 334(1) of the Criminal Procedure Act, thereby impairing the fairness of the election and the utility of the election management, etc., the punishment for the crime is not less complicated.

However, the sentencing conditions indicated in this case, such as the defendant's age, character and conduct, circumstances after the crime, family relationship, etc., shall be determined by taking into consideration all the following factors: (a) the defendant has been prior to only a minor fine; (b) the defendant committed the crime of this case without any malicious sentiment or political intent on a specific candidate; and (c) the defendant led to confession and is in depth against the crime of this case.