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(영문) 서울북부지방법원 2017.08.11 2017고합178
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

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

Nevertheless, at around 06:57 on April 25, 2017, the Defendant, without justifiable grounds, damaged the posters of the candidates D from among the 19th presidential election posters attached to the said apartment fence by the Central Election Management Committee, in the form of Seodaemun X-ray.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to election posters, photographs, CCTV-cape screens, supporting materials, and CCTV image data;

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. The scope of punishment: A fine not exceeding four million won;

2. The crime of this case with the sentence of sentence is not appropriate because the defendant destroyed the poster, thus impairing the right of the elector to know, the fairness of election, the utility of election management, etc.

However, the defendant's confession of the crime of this case is against the defendant, the defendant is aged 86 years old and has no record of punishment prior to the crime of this case, the political intent to influence the election, or the election campaign of a specific candidate seems not to have been purposed to interfere with election campaign, and the defendant's age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime of this case, and the various sentencing conditions as shown in the arguments such as circumstances after the crime of this case shall be determined as per the disposition.

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