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(영문) 광주지방법원 2014.07.25 2014고합230

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

On May 24, 2014, around 16:15, the Defendant removed, in his/her hand, a propaganda poster with 18 candidates, including a photograph, name, political party, career, etc., on the 6th local election, attached to the wall of the building in the above center for older persons, and a propaganda poster with 18 candidates, including a copy of the campaign poster damageism, a copy of the campaign poster, and a copy of the promotional campaign participation in voting, which are all 20-round 16:15, the Defendant removed, and damaged, in his/her hand, the propaganda poster.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (to outline the on-site conditions and specify the suspect's personal information), and report internal investigation (on-site 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 (1) 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 punishment as ordered shall be determined by taking into consideration various sentencing factors such as the defendant's age, character and conduct, circumstances before and after the crime, means and methods of the crime, family relationship, etc., including the fact that the defendant led to the confession of the crime of this case and reflects the depth thereof, and the fact that the defendant committed the crime of this case in a contingent manner under the influence of alcohol without any malicious examination or