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(영문) 의정부지방법원 2020.10.23 2020고합298
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

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

Nevertheless, at around 17:20 on April 4, 2020, the Defendant: (a) attached to the fenced with the green iron pent of the above company, without any reason, attached the left end of the campaign posters of the candidates for the 21st National Assembly member election D/E constituency in the left hand; (b) caused the entire campaign posters to fall on the floor.

Accordingly, the Defendant damaged posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on the list of seizure records, list of seizure, voluntarily produced site photographs, place where campaign posters are posted, damaged and refloitable photographs, and the Acts and subordinate statutes on the list of reported cases;

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

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 4,000,000;

2. Whether the sentencing criteria are applied: The sentencing criteria are not set;

3. Determination of sentence: The crime of this case requires a fine of KRW 800,000, in that the defendant damages the right to know about the elector, the fairness of election, and the efficiency of election management, due to the fact that the defendant damages the campaign posters for the 21st National Assembly member election without any justifiable reason, such crime is not less complicated;

Defendant has been subject to criminal punishment several times even before.

However, the fact that the defendant recognized the crime of this case, and that there is no political intention or purpose to influence the election as a result of the crime of this case somewhat contingent, etc. is considered as favorable to the defendant, and the age, character, conduct and behavior of the defendant are considered as favorable to the defendant.

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