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(영문) 부산지방법원 2017.08.04 2017고합260

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, on April 28, 2017, around 14:37, the Defendant removed the poster of G political party candidate H and candidate J’s election to which I party belongs, which was attached in Busan-gu, Busan-do around 14:37, in relation to the D election carried out by C, in his hand, with a wooden fish, and then laid down the poster in his hand.

Accordingly, the defendant damaged the poster under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the damaged poster, photograph, and closure screen;

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 punishment: Fines of 50,000 to 4 million won;

2. The Defendant’s crime of this case’s sentence is sob that he can tear part of the poster under the influence of alcohol.

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

However, the Defendant recognized the crime of this case and reflected his mistake.

The defendant has no record of criminal punishment prior to the crime of this case.

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