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(영문) 서울북부지방법원 2017.09.01 2017고합230
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to a suspended sentence of three years and 40 hours of imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Seoul Northern District Court on November 4, 2016, and was ordered to attend a lecture for treatment of sexual assault on November 12, 2016, and is still under suspended sentence.

[Criminal facts] The preparation, posting, posting, posting, or installation of posters, placards, and other propaganda facilities under the Public Official Election Act shall not be obstructed, nor shall they be damaged or removed without justifiable grounds.

1. On April 21, 2017, around 18:18, the Defendant damaged the poster for exclusive use of the election (50cm width, 90cm length, 50cm length) in which 15 pictures, calendars, etc., including the 19th presidential election candidate D, E, F, etc. attached by the Central Election Management Committee, are written on the wall of the “C” merchant of secondhand goods located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, by using a knife X-type without justifiable grounds.

2. On May 4, 2017, the Defendant damaged the poster for exclusive election (50cm in width, 90cm in length, 90cm in length) holding a total of 15 pictures, such as D, E, and F, of the candidates for the 19th presidential election, which were newly attached at the same place as the preceding paragraph, in the shape of X-ray, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (related to the verification of CCTV in the vicinity of the area where CCTV has occurred, and attaching election posters, photographs and original CCTV files destroyed on April 21, 17, A, to suspects;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The scope of the punishment shall not exceed 6 million won; and

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