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(영문) 춘천지방법원 2017.10.13 2017고합86

공직선거법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting or installation of election posters, placards or other propaganda facilities, or damage or remove them without any justifiable reason.

Nevertheless, on April 22, 2017, the Defendant: (a) damaged the posters of the foregoing D, as the key in possession, on the ground that the posters of the 19th presidential election candidate, attached to the soundproof Walls of the Park, 19th presidential election, cut off to himself/herself, in a Fash Park, which was located in Pyeongtaek 67-15, would be bad.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes (a CD 1 of suspect A election posters, damage CCTV images);

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. 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. Scope of recommending punishment: Omission of sentencing criteria; and

3. Determination of sentence: The crime of this case in which a fine of KRW 300,000 is imposed shall not be weak in terms of ensuring the right of electors to know, fairness of election, and efficiency of election management;

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime in this case, the fact that the defendant is against the defendant, the political intention to influence the election, or the fact that there is no purpose to interfere with election campaign, and the degree of damage to election posters is insignificant, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing specified in the arguments in this case, including the defendant's age, sex, environment, details and method of the crime, and circumstances before and after the