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(영문) 서울북부지방법원 2018.09.21 2018고합304
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant, around 07:39 on June 9, 2018, was in front of Dongdaemun-gu Seoul, Dongdaemun-gu B Ba, and the Defendant reported the campaign posters of candidates C candidate D for simultaneous local elections at the 7 times nationwide, which are installed in the pents of the pents, and taken the above campaign posters out from vinyl C for the reason that the face of the candidate was expressed.

They brought to Korea.

As a result, the Defendant removed posters under the Public Official Election Act without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each internal investigation report (Attachment of the scene photographs of the relevant site and the verification of CCTV of Dongdaemun-gu Office related to the suspect's specific location);

1. Application of statutes, such as field photographs, CCTV photographs, etc.;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Fines of 50,000 to 4,000,000 won within the applicable range of punishment; and

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case, which was sentenced to a fine of KRW 500,00,00, was committed by the defendant.

No. 7. The posters of candidates C of simultaneous local elections at the same time

The quality of crime is poor in that it would enhance the elector's right to know, fairness of election, and efficiency of election management.

However, it appears that the Defendant came to commit the crime due to political interests, such as recognizing all of the instant crimes, showing a reflective figure, and trying to benefit a specific candidate.

It is not visible that the defendant has been punished once a sentence and twice a fine, and that there is no record of criminal punishment for the same type of crime, etc., considering favorable circumstances. In addition, the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, means and results of the crime, and other circumstances shown in the arguments of this case, including circumstances after the crime, shall be determined as ordered.

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