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(영문) 서울중앙지방법원 2017.06.23 2017고합526

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, at around 12:30 on April 21, 2017, the Defendant removed the posters attached to the 19th presidential election campaign site on the 19th presidential election campaign site on the 19th presidential election campaign site in Dongjak-gu Seoul Metropolitan Government without prior permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal affairs (the details of commencement of internal affairs, the report by the head of the public service team at the D community service center, the report by telephone team, and the photographing materials for each time

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. 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 voluntarily removed the poster attached to his house fed rice fedle, and thus, the nature of the crime is not easy in that it harms the right of elector to know, the fairness of election, and the efficiency of election management.

However, in a situation where the health of the defendant is considerably poor, the defendant reported that the election poster is attached to a house bed down without his/her consent, and caused a crime by contingency, and he/she also tried to remove the poster from the perpetrator after committing the crime, and put the poster again, and there has been no previous conviction except twice a fine for the crime of dual crimes.

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.