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(영문) 창원지방법원 2014.08.28 2014고합183
공직선거법위반등
Text

A fine of KRW 800,00 shall be imposed on the first crime in the judgment of the defendant, and a fine of KRW 200,000 shall be imposed on the second crime in the judgment.

Reasons

Punishment of the crime

1. On May 22, 2014, the Defendant violated the Public Official Election Act, around 23:50, and around 104, the 6th nationwide local election (on June 4, 2014,), which was attached to the wall of the 104-dong local apartment, destroyed by removing 17 campaign posters, on his/her photograph, summary, etc., posted on the wall of the 6th local election (on June 4, 2014).

Accordingly, the Defendant damaged campaign posters without any justifiable reason.

2. Around 00:10 on May 23, 2014, the Defendant: (a) removed and destroyed a shock network of an amount equivalent to 30,000 won at the market price managed by the victim D, installed therein, from the window of the second floor of the C apartment management unit, as indicated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Examination of evidence, apartment map, and table of 112 reported cases;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 240 (1) of the Act on the Election of Public Officials and Article 240 (1) of the same Act concerning facts constituting an offense (the fact of damaging campaign posters, the selection of fines), and Article 366 of the Criminal Act;

1. Article 18 (3) and Article 18 (1) 3 of the Public Official Election Act (Article 18 (1) of the Public Official Election Act (Article 18 (3) of the Public Official Election Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, respectively, of the provisional payment order;

1. A crime of violating the Public Official Election Act: The crime of this case, which is a fine of KRW 80,00,00, damages posters which are election campaign material, in light of the legislative intent of the Public Official Election Act, which protects the elector's right to know, fairness of election, utility of legitimate election management, etc.

However, the circumstances are favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that the defendant committed the crime of this case by contingency under the influence of alcohol, that the political intent or purpose to influence the election, and that the defendant is the first offender who has no criminal power, etc., are considered to be favorable to the defendant.

The above circumstances are the defendant's age, character and behavior.

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