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(영문) 대전지방법원 2014.09.04 2014고합237

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

【Criminal Force】 On June 11, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (joint injury) at the Suwon District Court on August 201, and the said judgment became final and conclusive on the 19th of the same month.

【No one shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Public Official Election Act or damage or remove them without justifiable grounds.

Nevertheless, around 07:00 on May 28, 2014, the Defendant: (a) around the parking lot for the “D Hospital” located in Seo-gu Daejeon Daejeon District; (b) in relation to the election of the member of the Daejeon Metropolitan City, which is scheduled to take effect on June 4, 2014, the election commission set up one poster of F, which is a candidate belonging to the E Party, and H, which is a candidate belonging to the G Party, on his/her hand, destroyed the tear.

Summary of Evidence

1. Defendant's legal statement;

1. I's self-statement;

1. Suspect A and on-site photographs;

1. On-site ctv image output photographs;

1. Before judgment: Application of Acts and subordinate statutes, such as a report on investigation (Attachment of written judgments) and criminal records;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant damages campaign posters without any justifiable reason, and the nature of the crime is not easy in that it impairs the right of electors to know, the fairness of election, and the utility of election management. However, even though the defendant repents his mistake and reflects his depth, the defendant committed the crime of this case in a contingent manner under the influence of alcohol, and the political intent or purpose to influence the election is deemed to have never existed, taking into consideration the circumstances favorable to the defendant's age, character and behavior, environment, motive for the crime, etc.