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(영문) 수원지방법원 2018.08.30 2018고합341
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 9, 2018, from around 05:56 to around 05:59, the Defendant damaged the posters of the Gyeonggi City Council candidate E, Gyeonggi-do superintendent of education candidate E, Gyeonggi-do superintendent of education, and Gyeonggi-do superintendent of education candidate G in the shape of X (X) by tearing the posters, among the posters for simultaneous local elections, at India, located on the wall at the 7th 6th 13th f/13th f/13th f/2.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a crime (violation of the Public Official Election Act), internal investigation report-applicable Acts and subordinate statutes to check CCTV images at the scene of damage to election posters;

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. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (where a defendant fails to pay the above fine, 10,000 won shall be confined in a workhouse for the period converted into one day) of the Criminal Act attracting him/her in a workhouse;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. Fines of 50,000 to 4 million won within the applicable sentencing range by law; and

2. Damaging a poster for decision-making of an election should be strictly regulated in light of the importance of the election in the modern democratic state as an offense that infringes upon the elector’s right to know, the fairness of election, and the efficiency of election management.

However, the defendant seems to have committed a contingent crime without recognizing the illegality of the crime of this case as a member of the literature association which was not properly educated.

The Defendant has no record of criminal punishment, and all of the crimes in this case are recognized, and the circumstances of the opening are remarkable, such as reflecting, etc.

In addition, the sentence of a defendant shall be suspended by comprehensively taking into account various circumstances such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, and circumstances after the crime.

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