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(영문) 서울서부지방법원 2017.08.23 2017고합176

공직선거법위반

Text

A defendant shall be punished by a fine of 400,000 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, around 15:05 on May 5, 2017, the Defendant laid off the C candidate’s election poster in front of the two children’s park located in Mapo-gu Seoul, Mapo-gu, Seoul, 31:69-gil, and on the ground that C candidate appears to be unfair to go out of the presidential election, among “the 19th presidential election poster” attached to the 19th presidential election poster, the Defendant laid off the C candidate’s election poster in knife with a knife, and knife it by hand.

Accordingly, the defendant damaged the above poster without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of on-site photographs);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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

2. Determination of sentence: A sentence of a fine of 400,000 won has been sentenced to four times a fine, but there is no previous sentence, and the defendant could not know the fact of the crime directly to an investigation agency immediately after the crime of this case, and the defendant could not know the fact of the crime, and in depth and reflect it, etc., under the circumstances favorable to the defendant, the crime that damages election posters attached as in this case requires punishment for a crime that impairs the right to know of the elector and the efficiency of election management, and the defendant appears to have committed the crime of this case with the intent to influence the election, with the view that a specific candidate should not leave the president.