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(영문) 서울북부지방법원 2018.07.20 2018고합196

공직선거법위반

Text

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

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

Reasons

Criminal facts

On April 29, 2018, at around 01:15, the Defendant: (a) discovered a preliminary candidate C and D’s election banner in the 7-time local election set up on the outer wall of the parking lot in Dobong-gu Seoul Metropolitan Government; (b) caused damage to a banner under the Public Official Election Act without any justifiable reason, by putting a hole up at the center of the banner, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared by C;

1. Each internal investigation report (the details of Kakao Stockholmping conducted by suspects A and E by witnesses, the attachment of F CCTV video CDs and accompanying photographs of suspects, and the attachment of CCTV images of the Dobong-gu Control Center);

1. Application of Acts and subordinate statutes, such as each on-site photograph, CCTV, camera, uniform photograph, etc. at the time of committing the crime, CCTV photograph, Kakao Stockholm message output, CCTV photograph, CD, etc.;

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Fines of 50,000 to 4,000,000 won within the applicable range of punishment; and

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case with a fine of KRW 1,00,000, which was imposed on the sentence of KRW 1,000, is not good in that it damages the elector’s right to know, the fairness of election, and the efficiency of election management, by carrying the 7th local election banner on hand with the Defendant’s seat.

However, the Defendant appeared to have recognized and reflected the instant crime, and attempted to benefit a specific candidate, etc., and led to a political interest.

It seems that the defendant does not seem to have any record of criminal punishment, the defendant has no record of criminal punishment, etc., and the age and age of the defendant.