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(영문) 대전지방법원 2017.01.12 2016고합279
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall obstruct or damage the installation of posters, placards, etc. related to an election for public office without any justifiable ground.

Nevertheless, on April 2, 2016, in relation to the election of the 20th National Assembly member in relation to the election of the 20th National Assembly member in the Dong-gu Daejeon-gu Seoul Special Metropolitan City, Daejeon Special Metropolitan City election commission, the Defendant damaged the volume of approximately 11cm and about 8cm in width by attaching fire to the lower end of the candidate’s photograph among the candidate’s election posters by political party in the Dong-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Reporting on the matters concerning the investigation of damage to election posters and the application of Acts and subordinate statutes governing on-site photographs in Daejeon, F Child-Care Centers, G CCTVs recorded, and on-site photographs;

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. 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. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. Determination of sentence: The crime in this case, which committed a fine of one million won, damages the poster of the 20th National Assembly member without any justifiable reason, and the damage of the poster infringes on the elector’s right to know, the fairness of election, and the efficiency of election management, and thus, the nature of the crime is not easy.

However, in light of the favorable circumstances, such as the fact that the Defendant recognized the Defendant’s mistake, the fact that the Defendant appears to have committed the instant crime by contingency under the influence of alcohol, partial damage to election posters, and the fact that there seems to have been a minor impact on the result of election, and that there was no record of punishment exceeding the fine, etc., the order is issued by comprehensively taking into account various sentencing factors indicated in the instant argument, such as the Defendant’s age, environment, motive, means and consequence of the crime, and circumstances after the crime

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