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(영문) 수원지방법원 2017.08.17 2017고합366
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

On April 26, 2017, the Defendant damaged the 19th presidential election poster, which was attached to the wall of the Donggwon-si, by setting fire to the 19th presidential election poster, which was attached to the wall of the Donggwon-si, around 00:33.

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. A written protocol concerning the examination of the prosecution and the police against the accused;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to report internal investigation (to secure images of a person suspected of committing a crime);

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. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Whether the sentencing criteria are applied: Decision not to set the sentencing criteria;

3. The Defendant, without good cause, destroyed election posters posted on the wall surface of a public place, thereby impairing the right of voters to know, and the efficiency of election management.

However, the defendant was committed the crime of this case in a situation where the defendant was able to have a right to make a judgment on the crime of this case, and it seems that there was no purpose to interfere with political intent or election campaign to influence the election.

There is no record of criminal punishment against the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and other circumstances of sentencing as the defendant's age, sexual conduct, motive, background, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the pleading.

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