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(영문) 서울북부지방법원 2017.08.18 2017고합177
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting, posting, or installation of posters, placards, or other publicity facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

Nevertheless, around 22:45 on April 17, 2017, the Defendant discovered that the 19th presidential election vehicle, which was reported as “vehicles in Seongbuk-gu Seoul, for a campaign speech or interview at an open place” under the Election of Public Officials Act, was parked in the front of one won by the 19th presidential election D candidate for an election campaign, and that the 2nd presidential cargo vehicle was parked in the front of one won without any justifiable reason after getting off two times from the front of the 19th presidential election.

Accordingly, the Defendant damaged the promotion facilities of the candidates for the 19th presidential election D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Investigation reports (Attachment of CCTV video data taken by a person suspected of causing damage to the border after a vehicle), investigation reports (Attachment of a receipt for repair of damaged vehicles), investigation reports (Attachment of a speech at the open place, sign of an interview and an automobile sign for interview and an automobile registration certificate), and investigation reports (Analysis of CCTV data related to the crime of a suspect), and application of statutes to such report

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 range of punishment by a fine not exceeding four million won;

2. The sentencing guidelines are not set in the scope of the recommended punishment. 3. The crime of this case in the decision of the sentencing of the 19th presidential election was destroyed after the freight car for the reason that the defendant was parked in the front of the 19th presidential election campaign, and the crime is not good in that it harms the fairness of the election and the efficiency of election management.

Defendant has been punished three times by a fine due to assault, etc.

However, the defendant recognizes all of the crimes of this case.

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