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(영문) 부산지방법원 2013.4.5.선고 2013고합142 판결

공직선거법위반

Cases

2013Gohap142 Violation of the Public Official Election Act

Defendant

A

Prosecutor

This time limit (prosecution) and misunderstandings (public trials)

Defense Counsel

Attorney at Law (Korean National Assembly)

Imposition of Judgment

April 5, 2013

Text

Defendant shall be punished by a fine of KRW 1,500,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The Defendant, without any justifiable reason, did not damage posters, placards or other propaganda facilities established under the Public Official Election Act. On December 2, 2012, around 06:30 on December 2, 2012, the Defendant destroyed campaign posters, such as putting the posters of the candidates for the 18th presidential election, which are attached on the right-hand wall of the 18th presidential election, in hand, on the ground that the electors are unsatured, on the ground that they are satured in the front door of the 19th presidential election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on scene of crimes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 240(1) of the Public Official Election Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant damages 7 campaign posters without any justifiable reason, and in light of the purpose of the Public Official Election Act that protects the fairness of election and the freedom of election campaign, the nature of the crime is not somewhat weak.

However, the defendant's mistake is against his own mistake, and the defendant does not seem to have any political intent or purpose to influence the election as a contingent crime of this case, and the defendant does not have any history of punishment for the same crime, and the defendant does not have any history of punishment for the same crime, and all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, are considered. It is decided

Judges

The new judge, new judge and new judge

is a judge:

Judge semi-Gu