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(영문) 서울남부지방법원 2018.11.29 2018고합403

공직선거법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with 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 justifiable grounds.

Nevertheless, at India located in Seoul on May 31, 2018, around 01:15, the Defendant: (a) obstructed installation of an election banner for about 10 minutes on the ground that D, a person installing an election banner, tried to install an election banner (breadth of 800 cm, length of 120 cm) on the street, etc. of E member candidates F (G) affiliated with local elections nationwide; (b) he first left the place where an election banner is installed; and (c) interfered with installation of an election banner for about 10 minutes without justifiable grounds, such as cutting the banner by hand on the ground that he/she first set up the place where an election banner is installed; and (d) neglecting the installation of an election banner under the influence of an election banner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement (including copies thereof) with respect to D or F;

1. Application of the statutes governing video storage CDs that obstruct the installation of the skin;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, infringed the right of electors to know, the fairness of election, and the utility of election management by blocking the instant crime.

However, the Defendant recognized the instant crime and opposed it.

It seems that the defendant did not have any political intention to influence the election, or did not have any purpose to interfere with the election campaign of a specific candidate.

In addition, the sentence shall be determined by comprehensively taking into account the defendant's age, occupation, sex, family relationship, the background and result of the crime of this case, the circumstances after the crime of this case, and all of the sentencing conditions shown in the changed theory.