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(영문) 울산지방법원 2017.08.25 2017고합176
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 interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

Nevertheless, on April 24, 2017, the Defendant destroyed and removed the election posters of the 19th presidential election candidates, which were installed in the iron gate in the iron-based parking lot located in Ulsan-gu, Ulsan-gu, Seoul-do, by means of throwing away the posters in a way that they thrown well.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on closure screens, CCTV photographs, and internal investigation reports, such as photographs at the scene of crimes and face pages destroying posters;

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 act of damaging or removing posters, etc. in accordance with the Act on Election of Public Officials on the Grounds of Sentencing under Article 334(1) of the Criminal Procedure Act with regard to the sentencing of a provisional payment order shall be taken into account under the circumstances unfavorable to the defendant, such as an act of infringing on the efficient management of an election for public office and the right of the elector to know, and the liability for the offense

On the other hand, the Defendant appears to have committed a contingent crime while cleaning around the house without any political intention or purpose to interfere with election campaign to influence the election, and the primary crime is the first crime, and his mistake is recognized and against it, etc. are considered as favorable circumstances to the Defendant.

In addition, comprehensively taking into account the scale, method and degree of damage to posters, the age, sex, environment, motive, means and result of the crime, etc. of the crime, all the sentencing conditions shown in the arguments in this case, such as the following circumstances, the punishment shall be determined as ordered.

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