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(영문) 대전지방법원 2016.08.18 2016고합163

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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 any justifiable reason.

Nevertheless, on April 8, 2016, the Defendant was posted on the iron fence used for parking lot boundary at the front parking lot of C residential housing around April 21, 2016.

The 20th D Council members election posters and iron fences were put in hand, the poster was cut and damaged by the part that connects F candidates No. 3 and G candidates’ photographs No. 5, and the part that connects F candidates’ pictures No. 3, and No. 5, which damaged one election poster.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (on-site investigation and ctV analysis, suspect selection);

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. Determination of sentence: A fine of KRW 50,00,00 of the Defendant’s election poster damages the elector’s right to know, the fairness of election, and the efficiency of election management; however, the nature of the crime is not somewhat weak; however, the Defendant’s mistake is divided and reflected, the Defendant’s political intent or purpose to influence the election was not achieved; the Defendant’s disabled person with intellectual disability 2 degree 2; the Defendant is a person with mental disability; the Defendant has no record of criminal punishment other than one-time fine; and the Defendant’s age, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be considered in consideration of various factors of sentencing as indicated in the instant argument, such as punishment, as ordered.