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(영문) 서울서부지방법원 2017.10.30 2017고합179
공직선거법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. No person prosecuted 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, around 02:09 on April 27, 2017, the Defendant discovered “the 19th presidential election poster” attached to the Mapo-gu Seoul Metropolitan Government D rice bed, and removed it without any reason under the influence of alcohol.

Accordingly, the defendant damaged the above poster without any justifiable reason.

2. Determination

A. It was true that the poster of this case was removed due to the act of the defendant and his defense counsel's act. However, since the defendant, who was drunk at around the time of the instant case, lost his body's center and the wall was removed, the defendant did not intend to damage the poster of this case, as long as the poster was removed because it was merely because the poster was removed.

(b) Results of the jury's verdict - Seven persons (at will).

3. According to the conclusion, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, acquitted by the latter part of Article 325 of the Criminal Procedure Act, and publicly notified the summary of the judgment in accordance with Article 58(2) of the Criminal Act.

For the above reasons, this case is decided as per Disposition after the citizen participation trial according to the defendant's wishes.

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