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(영문) 울산지방법원 2017.09.22 2017고합247

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 interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

Nevertheless, on April 20, 2017, the Defendant damaged the 19th presidential candidate C’s election banner, which was installed at the shooting distance at the entrance of the central market in Ulsan-gu, Ulsan-gu, Seoul-dong, Seoul-dong, by means of tear.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the situation report and the Acts and subordinate statutes for investigation reporting;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was examined, and the crime of this case was committed by the Defendant by damaging the elector’s right to know, the fairness of election, and the utility of election management without any justifiable reason. It is an unfavorable circumstance to the Defendant that the nature of the crime and the criminal administration are not easy.

On the other hand, the defendant seems to have committed any contingent crime with no intention to interfere with a political intention or election campaign that intends to influence an election, and is against his depth while committing a crime, and there is no criminal record of the same kind or suspended execution for the last 30 years, etc., which are favorable to the defendant. In addition, the defendant's economic situation, health status, age, sexual conduct, environment, and circumstances of all the sentencing as shown in the arguments of this case, such as the situation after the crime, shall be determined as ordered by the order.