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(영문) 제주지방법원 2017.09.07 2017고합99

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 obstruct 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, the Defendant, while drinking in around 01:05 on April 30, 2017, returned home in Jeju, destroyed posters under the Public Official Election Act by reporting the campaign posters for public relations of the 19th presidential candidate, which are posted on the fence of the 6th presidential apartment complex in front of the 6th presidential elementary school in front of the 19th presidential election, in his/her hand, and by lowering the poster from the wall in a way that the upper part of the poster is cut down three times in his/her hand, and the right-hand part is cut off from the wall without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Reporting on the occurrence of damage to beams for public relations activities for elections;

1. In full view of each evidence duly admitted and investigated by the court, the Defendant alleged to the effect that he/she was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime, and the judgment on the Defendant’s assertion of on-site photographs (defluence photographs) and CCTV images to the effect that he/she had the ability to discern things or make decisions under the influence of alcohol, even though he/she was under the influence of alcohol at the time, in light of the circumstances leading up to the instant crime and the Defendant’s act committed before and after the instant crime, etc., the Defendant had

As such, the above assertion is rejected.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;