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(영문) 대구지방법원 포항지원 2017.09.07 2017고합48

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall damage or remove posters under the Election of Public Officials Act without justifiable grounds.

Nevertheless, on April 25, 2017, the Defendant destroyed the Defendant’s 19th presidential election campaign posters attached to the wall of the building building B in South-gu, Nam-gu at the port on April 25, 2017, with a single-use dog for each candidate’s eye with the marks C(D candidates) and E(F candidates).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of petition, investigation data on violations of the Election of Public Officials Act;

1. A report on internal investigation (as regards the time during which the poster is damaged and run in accordance with the statement made byCCTV and SP A), and a report on internal investigation (as to the seizure of seized articles attached thereto);

1. A damaged poster and photograph;

1. Application of statutes on records of seizure and lists of seizure;

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Application of the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Circumstances disadvantageous to the determination of sentence: The defendant damaged posters for election under the Election of Public Officials Act without justifiable grounds, thereby impairing the right to identify voters, fairness of election, utility of election management, etc.

A favorable circumstances: The defendant recognizes his own crime and is against himself.

There is no history of criminal punishment against the defendant.

The defendant's act does not seem to have a big effect on the election.

In addition, the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, family environment, social relationship, background of the crime, and circumstances before and after the crime.