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(영문) 수원지방법원 2017.08.10 2017고합340
공직선거법위반
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

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.

On April 29, 2017, the Defendant: (a) around 15:37, the Defendant was attached to the fence in front of the 19th presidential election candidate for the 19th presidential election, which was located in Suwon-si District B on April 29, 2017; (b) the Defendant refused to do so.

D Finding a candidate's election poster, the face part of the D candidate's face was knife and damaged by knife.

Accordingly, the Defendant damaged the poster without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on site photographs;

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. The offense of violation of the Public Official Election Act due to damage to the poster for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act is not set the sentencing criteria.

It is strictly prohibited that the act of damaging election posters causes damage to the elector's right to know, the fairness of election, and the efficiency of election management.

However, the defendant has committed a crime with impulsely.

There is no record of crime against the mistake and there is no record of crime.

The sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the sentencing conditions specified in the instant pleadings.

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