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(영문) 대전지방법원 2012.7.19.선고 2012고합240 판결
공직선거법위반
Cases

2012Gohap240 Violation of the Public Official Election Act

Defendant

leap00

Prosecutor

Admonishment, indictment, or prosecution;

Defense Counsel

Attorney Choi So-gu (National Election)

Imposition of Judgment

July 19, 2012

Text

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

On April 8, 2012, at around 22:06, the Defendant destroyed by tearing five copies of campaign posters posted on the first floor and outer walls of the 19th Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City Special Self-governing City, photo and brief personal history, etc

1. Defendant's legal statement;

1. Each police statement on 00, 100, 1. Each report on internal investigation (CCTV image verification - internal investigation operator, on-site photo)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 240(1) of the Public Official Election Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the candidate who was the highly advanced candidate wanted to punish the defendant, and the crime of this case was committed by contingently in the course of making a dusting in golf ○○, and it seems that there was no intention to interfere with election.

○ It does not have the same criminal record

It is a fact that ○ has been remarkably divided.

Judges

The presiding judge and assistant judges;

Judges Jeon Jinio

Judges Secretary-General;

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