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(영문) 서울중앙지방법원 2020.10.14 2020고합572
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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.

On April 3, 2020, the Defendant, at around 17:27, found out that the campaign posters of candidates for the 21st National Assembly member C constituency were attached to the 21st National Assembly members of the 20th National Assembly at the lower wall, and damaged by displaying X on the face of the candidate’s campaign posters for the D Party E with a black pen that was in possession of in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the face value of the suspected criminal act and the confirmation of the entry building after the crime), the poster expansion photographs (the suspected person specific), and the application of the Acts and subordinate statutes governing internal investigation reports;

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

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. Statutory applicable sentences: Fines of 50,000 to 4 million won;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. The crime of this case, which committed the crime of sentencing, is an act that damages campaign posters under the Public Official Election Act, and such an act is not easy in terms of preventing the elector’s right to know and fair election campaign.

However, there are favorable circumstances such as the recognition of the Defendant’s crime of this case, the first offense, and the fact that the economic situation seems to be sufficient.

In full view of such circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, various sentencing conditions shown in the records and arguments shall be determined as ordered.

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