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(영문) 대전지방법원 2020.11.12 2020고합324
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

Around April 6, 2020, the Defendant: (a) was in the state of having weak ability to discern things or make decisions with persons withutism; (b) around April 12:25, 2020, at the bus bus stops in front of the Seo-gu Daejeon Seo-gu Daejeon District Election Commission, the Defendant was placed in the house in his possession of the 21st National Assembly member election and the advance polling stations for re-election of local council members and the advance polling stations for re-election of local council members, which were attached to the wall of the said bus stops in his hand, without any special reasons, and (c) around April 6, 2020, the Defendant was at around April 6, 2020, 13 of the public announcement of the establishment of advance polling stations attached by the E Election Commission at the Seo-gu and Seo-gu Daejeon District Election Commission, Seo-gu, Daejeon, Daejeon District.

Accordingly, the Defendant damaged posters, placards and other propaganda facilities under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Application of the Act and subordinate statutes governing the defendant's legal statement F, the police statement of the defendant in relation to G, the list of seizure records, the investigation reports, the photographs of damaged public notice, the handling records of 112 reported cases, and the indication of damaged places;

1. Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Act on the Election of Public Officials and Selection of Penalties;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated in the Public Official Election Act No. 15 No. 15 of the list of crimes with the largest penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse;

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

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

2. Non-application of the sentencing criteria: The sentencing criteria shall not be set.

3. Determination of sentence: A fine of 50,000 won Defendant has damaged the public notice on election of National Assembly members and election of local council members on several occasions in a short time without justifiable grounds, which shall be considered.

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