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(영문) 울산지방법원 2018.01.09 2017고합178
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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, the Defendant:

1. On April 23, 2017, around 07:16, the election posters of candidates E for the 19th presidential election of candidates for the 19th presidential election, which were installed in the front of the D cafeteria located in Ulsan-gun, Ulsan-gun, would be destroyed by flag or tear.

2. On April 30, 2017, around 20:40, the election posters of the 19th presidential candidate E, G, and H candidate were destroyed by tearing, in his/her hand, at around the 19th presidential election candidate E, G, and H candidate’s election posters installed on the outer wall of the construction site of Ulsan-gu F apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation, the application of each Act and subordinate statute to photographs;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was examined, and the crime of this case was committed by the Defendant several times without any justifiable reason, thereby impairing the right of the elector to know, the fairness of election, and the utility of election management. The crime was committed against the Defendant, which is disadvantageous to the Defendant.

On the other hand, the defendant seems to have committed any contingent crime in the drinking Complex, reflects the truth while committing the crime in depth, and has no criminal record for the same kind of crime, etc., and the defendant's economic situation, health status, family relation, age, sexual conduct, environment, circumstances after committing the crime, etc. are determined as ordered by taking into account all the factors of sentencing specified in the arguments of this case, such as the defendant's economic condition, family relation, age, sex, environment

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