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(영문) 서울북부지방법원 2014.07.11 2014고합190

공직선거법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall damage or remove an election poster, placard or other propaganda facilities without any justifiable reason.

On May 24, 2014, around 07:50 on May 24, 2014, the Defendant reported that several heads are attached to his own campaign posters in Seongbuk-gu Seoul, Seongbuk-gu, the Defendant left 12 of the nationwide local election posters, including 4 copies of the candidate campaign posters, 3 copies of the candidate campaign posters of the City Council members, 4 copies of the candidate campaign posters of the Seoul Metropolitan Council members, and 12 copies of the candidate campaign posters of the Seoul Metropolitan City Superintendent's Office of Education, in his hand, on a street 20 meters away.

Accordingly, the defendant removed 12 campaign posters posted under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the CCTV image-related Acts and subordinate statutes to the collected poster, photograph, or removed poster;

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. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won per day converted);

1. The crime of this case where the defendant, on the grounds of sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as "the grounds of sentencing"), has damaged the promotional materials of the election, cannot be deemed to be less than the nature of the crime in light of the legislative intent of the Public Official Election Act, which intends to protect the elector's right to know, fairness of election, utility

However, the Defendant is the first offender with no criminal power; the Defendant committed the instant crime; the Defendant expressed that the campaign posters were installed without any specific notice on the Defendant’s housing fence that the redevelopment-related posters were frequently posted to the housing fence owned by him; and that there was no political intent or purpose to affect the election; the campaign posters once they were installed, which did not damage the Defendant’s age, character, and environment; and the Defendant’s age, character, and environment.