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(영문) 서울남부지방법원 2018.12.06 2018고합475
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act without any justifiable ground, or damage or remove them.

Nevertheless, the Defendant, on June 7, 2018, around 07:4, around Seoul, 2018, posted on the wall surface of the public office election law, 7 times nationwide, 1 poster of the candidate D of the head of the Gu in relation to simultaneous local elections.

Accordingly, the Defendant damaged posters under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of photographs to a crime place) and report internal investigation (related to attachment of CCTV images to a crime place);

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, infringed the right of electors to know, the fairness of election, and the utility of election management by blocking the instant crime.

However, the defendant, as the first offender, recognized his mistake and reflected his mistake.

It seems that the defendant did not have any political intention to influence the election, or did not have any purpose to interfere with the election campaign of a specific candidate.

In addition, the sentencing sentence shall be determined by comprehensively taking into account the various sentencing factors indicated in the records and theories of the case, such as the defendant's age, sex, circumstances after the crime, and means and methods of the crime.

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