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(영문) 대전지방법원 천안지원 2017.08.09 2017고합129

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

On April 22, 2017, around 22:30, the Defendant: (a) reported the C candidate’s photograph from among the 19th presidential election campaign posters installed in the wall of the 19th presidential election campaign poster installed in the wall of the 13th presidential election district, Seo-gu, Nowon-gu, Seocheon-gu, 2017, and damaged the C candidate’s photograph by putting C candidate’s photograph on his hand, and by removing it.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the offender's place and circumstances;

1. Reports on internal investigation (investigation into the details of receipt of the case);

1. Application of Acts and subordinate statutes on CCTV image data;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding 4,000,000 won;

2. The sentencing criteria are not set yet.

3. Determination of sentence: The crime of this case in which the accused, without any justifiable reason, damages the poster for election in accordance with the Public Official Election Act, thereby impairing the right of the elector to know, fairness of election, utility of election management, etc., and the quality of such crime is not exceptionally.

On the other hand, it seems that there is no political intent to have an effect on the election, and that there is no history of criminal punishment, which is favorable to the defendant.

In addition, the records of this case, such as the defendant's age, environment, sex, family relationship, motive and means of crime, circumstances after crime, etc., and all of the sentencing factors in the trial process, shall be determined as per the order.