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(영문) 서울중앙지방법원 2017.07.21 2017고합630

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 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, on April 22, 2017, around 22:18, the Defendant removed 19th presidential election posters posted on D's outer wall of the gas station located in Seocho-gu Seoul Metropolitan Government, and damaged them without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to a report on investigation (the movement of a suspect and the conduct of a crime, and the closure of a CCTV-related CCTV course);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the order of provisional payment;

2. The crime of this case in which the defendant arbitrarily removed part of the poster attached to the front wall of the gas station, and thus, the nature of the crime is not easy in that it harms the right of the elector to know, the fairness of election, and the efficiency of election management.

However, under the influence of alcohol, the defendant seems to have caused contingent crimes without any specific intention, and there is no criminal history.

In addition to these circumstances, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records and pleadings, such as the age, sex and environment of the defendant, motive and consequence of the crime, and circumstances before and after the crime.