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(영문) 대구지방법원 김천지원 2017.08.22 2017고합55
공직선거법위반
Text

Punishment on the accused shall be determined as a fine of 700,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

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 23:50 on April 30, 2017, the Defendant removed the poster in a way that he takes one side of the posters connected from No. 1 to No. 7 of the 19th presidential election candidate No. 1, which was posted on the gate of the 19th presidential election, which was posted in the pent-dong, Macheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (limited to the attachment ofCCTV images);

1. Application of the Acts and subordinate statutes governing the posters for presidential elections, damaged field photographs;

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. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

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

3. Determination of sentence: The Defendant, without any particular reason or motive, damaged the poster for an election under the Public Official Election Act, thereby infringing on the right of the people to know about the presidential election, and infringing on the fairness of the election and the utility of the election management, and thereby endangering it.

However, the defendant has committed a contingent crime without obvious intention to harm a specific candidate or to have a negative effect on the presidential election, and now, he has committed a crime against himself in depth and is divided.

In addition, there is no history of punishment exceeding the same criminal history or fine.

Such circumstances and other factors, including the defendant's age, sex, environment, method of crime, and circumstances after crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

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