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(영문) 부산지방법원 2018.04.13 2017고합253

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 damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

Nevertheless, at around 03:30 on May 5, 2017, the Defendant damaged the election poster by attaching fire on both snows and front part of C among the 19th presidential election posters installed in the 19th presidential election posters installed in the 19th presidential election posters, which were possessed in the vicinity of the 1335-gil, a 1335-gil, a city-dong, Busan, a hot spring 2-dong.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the CD-related Acts and subordinate statutes to each photograph, CCTV image data taken at the scene of a crime;

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. Scope of applicable sentences: Fines of 50,000 to KRW 4,000,000;

2. The crime of this case, which was determined to be sentenced, partially damaged the poster under the influence of liquor by the Defendant.

Such crimes may undermine the elector's right to know, the fairness of election, and the efficiency of election management.

In addition, the defendant's age, occupation, sex, environment, motive, means, and result of the crime of this case, all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.