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(영문) 서울남부지방법원 2017.06.15 2017고합192

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2017, around 08:45, the Defendant removed the 19th presidential candidates’ election posters, which were installed in the pents under the influence of alcohol, in front of the police box of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, 102-ro, 102, in front of the police box of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

As a result, the Defendant damaged or removed posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on site photographs;

1. Article 240 (1) of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, destroyed election posters pursuant to the Election of Public Officials Act without justifiable grounds, thereby impairing the right of voters to know, the fairness of election, and the utility of election management.

However, there are circumstances to consider the motive that the Defendant committed a contingent crime while under the influence of alcohol.

There was no purpose of obstructing the election campaign of a specific candidate or political intention to influence the election.

In addition, the sentencing sentence shall be determined by comprehensively taking into account the various sentencing factors indicated in the records and theories of the case, such as the defendant's age, sex, circumstances after the crime, and means and methods of the crime.