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(영문) 전주지방법원 2014.09.04 2014고합174

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around 03:30 on May 23, 2014, the Defendant, at the time of Kim Jong-si, was under the influence of alcohol before the Defendant’s bed rice d’s bed of his bed of his house at Kim Jong-si, without any particular reason, attached to the wall.

6.4. The 30 posters of candidates for nationwide and provincial elections were removed, removed, and the posters removed, removed, laid off at a distance of 30 meters away from that place.

Accordingly, the Defendant damaged posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on internal investigation (Analysis of CCTV for crime prevention) and application of Acts and subordinate statutes to investigation reports;

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. The crime of this case where the sentencing guidelines are not set for the crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not set, and the crime of this case where the defendant damaged a large quantity of posters, which are campaigned materials, in light of the legislative intent of the Public Official Election Act to protect the elector's right to know, the fairness of election, the usefulness of legitimate election management

However, considering the fact that the defendant led to the crime of this case and is in depth and reflects on the depth, that is the first offender who has no criminal power, that is, supporting the old-parent and having economic difficulties, the punishment shall be determined by taking into account all other factors of sentencing and the circumstances prescribed in Article 51 of the Criminal Act.