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(영문) 서울서부지방법원 2017.08.23 2017고합180
공직선거법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall obstruct 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 any justifiable reason.

Nevertheless, from around 23:00 on April 22, 2017 to around 09:00 on the following day, the Defendant: (a) from around 23:00 to around 09:0 on the following day, the Defendant, using a knife knife for the face of the candidate among “the 19th presidential candidate poster” attached to the housing outer wall, was taken in the knife by using a knife with a knife; and (b) from around 05:03 to April 27, 2017 to around 05:0, the Defendant destroyed each election poster without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to a report on the occurrence of a crime (damage to poster), a report on internal investigation (verification of a black box of a vehicle around the damaged place), a report on internal investigation (verification of the damaged condition of a poster), a report on internal investigation (verification of the CCTV image of a suspect A), a report on internal investigation (specific time for the occurrence of a crime), a senior investigation report (report on the on-site situation, such as denial of a crime at the time of arrest of the suspect A), a report on internal investigation (specific suspect for the confirmation of CCTV image data in relation to the suspect A);

1. Article 240 (1) of the Act on the Election of Public Officials for the Punishment of Crimes and the Selection of Punishment;

1. Aggravation of concurrent crimes under the former part of Article 37 and Article 38(1)2 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment determined for a violation of the Act on Election of Public Officials on April 27, 2017, with the largest punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. The Defendant who rendered a sentence of sentence is an old person who has no particular criminal record, and his mistake.

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