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(영문) 창원지방법원 통영지원 2017.08.31 2017고합54

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 interfere with the preparation, posting, attachment 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, the Defendant, while under the influence of alcohol around 00:35 on April 22, 2017, was added to the wall surface of the stable apartment located in front of the 67-ro, Jinsung-gun, Jinsung-gun, and without any justifiable reason, at the 820-gil, of the Republic of Korea.

The 19th presidential candidate and the 15th presidential candidate were removed from one poster for exclusive use (1,016 cm wide, 79.8 cm long, 79.8 cm long) on which the photograph and summary of the 15th presidential candidate are posted, and they were damaged without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The committee for the management of high-ranking-gun election in the Gyeongnam-do;

1. Application of Acts and subordinate statutes to each internal investigation report (on-site reports and attaching field photographs, attaching photographs to a specific time zone for the crime, to the closure of a boom fluor image of the field, hearing the driver's statement of the vehicle with the poster damaged by the person suspected of committing the crime, analyzing the suspected, moving routes of the person suspected of committing the crime, and on the poster specifications);

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. 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. The crime of this case in which the Defendant committed the crime of this case is deemed to have damaged the 19th presidential election poster installed on the wall side of the road by removing the poster, and the crime of this case is not easy in that it harms the right of the elector to know, the fairness of election, and the efficiency of election management.

However, it seems that the defendant recognized the crime of this case and is against depth, the defendant did not have any record of punishment other than a single fine, and the defendant did not have any political intent to influence the election or to interfere with election campaign of a specific candidate.