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(영문) 광주지방법원 2014.11.07 2014고합418
공직선거법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall damage or remove any poster, placard or other propaganda facilities under the Public Official Election Act without justifiable grounds.

On May 25, 2014, at around 23:49, the Defendant damaged the election banner of the candidate “E” of the Do party Gwangju Dong-dong District Court, which was established after the Dong-gu Gwangju District Court, 36th-ro, Dong-gu, Gwangju, Gwangju, by attaching the “E” placard to the licensee, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. 현장사진, 플랑카드 훼손상황 사진, 범행현장 핸드폰 동영상켑쳐 사진 법령의 적용

1. Article 240 (1) of the Public Official Election Act concerning criminal facts;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act, without a justifiable reason, damages an election banner under the Public Official Election Act without a justifiable reason, thereby impairing the fairness of the election and the utility of the election management, etc., the relevant criminal liability is not easy.

However, the punishment as ordered shall be determined by taking into consideration various sentencing factors such as the defendant's age, character and conduct, circumstances before and after the crime, means and methods of the crime, family relationship, etc., including the fact that the defendant led to the confession of the crime of this case and reflects the depth thereof, and the fact that the defendant committed the crime of this case in a contingent manner under the influence of alcohol without any malicious examination or

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