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(영문) 서울남부지방법원 2017.07.13 2017고합257

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

The defendant is the Seoul Yeongdeungpo-gu Seoul Metropolitan Government C's management office.

On April 21, 2017, at the same parking lot of the building C around April 18:50, the Defendant, without permission of the Defendant, posted an election poster.

I think, I removed the entire poster of the candidate for the 19th presidential election, which was installed in the 19th presidential election wall of the above building, in hand, and left the poster inside the building after being removed.

As a result, the Defendant damaged or removed posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of investigation (specific suspect);

1. The application of the said Acts and subordinate statutes to a petition, damaged poster photograph, poster location photograph, and CD (CCTV image);

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, infringed the right of electors to commit the instant crime, the fairness of election, and the utility of election management.

However, the defendant recognized the crime of this case and opposed to it.

The crime of this case was committed by the defendant, who is the chief of the management office, posted an election poster within the private district without permission of the manager.

There are circumstances to consider the motive and circumstance of the crime committed after being discovered.

There was no purpose of obstructing the election campaign of a specific candidate or political intention to influence the election.

There is no history of criminal punishment against the defendant.

In addition, a sentence shall be determined in consideration of the following circumstances, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the trial process.

Defendant

Judgment on the Defense Counsel's argument

1. The accused and the defense counsel of the assertion may bring about a dispute between the occupants and the electors in the parking lot when posting an election poster on the wall of the privately-owned parking lot C.