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(영문) 서울중앙지방법원 2020.08.24 2020고합554
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a first-year student at a university of 18 years of age.

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

1. On April 4, 2020: around 00:17, the Defendant discovered the posters for the 21st National Assembly member election district D in Seoul Special Metropolitan City, which was attached by the Public Official Election Act at the front of the 21st National Assembly member apartment Cdong-dong, Seocho-gu Seoul Metropolitan Government, and damaged the Defendant’s election campaign in a way that he did not hold a photograph of “candidate EF political party G” in the face of a long run.

2. On April 7, 2020, at the same place as Paragraph 1, around 19:56 on April 7, 2020, the Defendant damaged the same election poster by means of having the son of the “HI Party J candidate” photographed by the same election poster, and getting him on board.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about K, L, or M;

1. Report on internal investigation (related to attaching photographs of damaged campaign posters, tracking a person suspected of causing any damage to campaign posters, and attaching photographs to campaign posters; 2);

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Act and Article 240 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Public Official Election Act of April 7, 2020), among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 6,000,000;

2. Non-application of the sentencing criteria: The sentencing criteria is not set for each crime as indicated in the judgment. 3. Determination of the sentencing criteria is not set. The following circumstances are taken into account: The Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, etc.; and the various sentencing factors indicated in the arguments in the instant case, including the circumstances after the crime, etc.

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