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(영문) 인천지방법원 2020.07.21 2020고합374

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall damage or remove any poster, placard or other propaganda facilities under the Public Official Election Act without justifiable grounds.

Nevertheless, at around 20:20 on April 6, 2020, the Defendant passed around the C Exchange stop in Incheon, while drinking alcohol. On the screen of the 21st National Assembly candidate E (F), the Defendant reported that he left the E candidate who was not supported by the Defendant on the screen of the 21st National Assembly candidate E in the election of the 21st National Assembly member, and turned down once by drinking a speech platform (Garo 39cm x 38cm x 38cm) installed on the above vehicle.

Accordingly, the defendant damaged publicity facilities under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes, such as field photographs and photographs of damaged vehicles;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

The crime of this case is not easy in that the defendant damaged publicity facilities under the Public Official Election Act without any justifiable reason and interfered with the fair election campaign.

The Defendant committed the instant crime without being aware of it during the period of suspension of execution due to the violation of the Road Traffic Act.

The Defendant recognized the instant crime, and the Defendant appears to have committed the instant crime contingently.

The degree of damage to propaganda facilities is relatively minor and the above propaganda facilities have been used.