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(영문) 서울중앙지방법원 2017.07.14 2017고합617

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 17:00 on May 4, 2017, the Defendant removed the 19th presidential election poster top tape attached to the wall of the building in Gangnam-gu Seoul, Seoul, in his hand without any particular reason, and among them, damaged the top of the poster of the candidate of the E Party (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to report internal investigation (defluence photographs damaged by walls and arrest photographs of flagrant offenders);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the provisional payment order.

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

2. The crime of this case in which the sentence of sentence is determined is not easy for the defendant, and the poster part of the election poster is teared by hand, and the quality of the crime is not easy in that it affects the right of the elector to know, the fairness of election, and the efficiency of election management.

However, there is no significant damage to election posters, there is no history of crime above the suspension of execution, and the removal of wave, etc. in a situation where physical and economic difficulties are difficult, and living is continuing.

In addition to these various circumstances, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records and pleadings, such as character, conduct, intelligence and environment of the defendant, motive and consequence of the crime, and circumstances before and after the crime.