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(영문) 서울중앙지방법원 2014.08.21 2014고합907
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 obstruct the preparation, posting, posting or installation of posters, placards and other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

Nevertheless, around 06:55 on May 26, 2014, the Defendant removed the posters (a 40cm, vertical length 60cm) of the candidates for D Party E, No. 1 D political party E, No. 1, which were posted on the back windows of the head of Gwanak-gu Office, the election tax support vehicle, which was parked on the 318 road in Gwanak-gu, Seoul Special Metropolitan City, for a 318 road.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on arrest site photographs;

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. The crime of this case where the sentencing guidelines are not set for the crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouse is not set. The crime of this case damages the poster, which is the promotional materials of election, in light of the legislative intent of the Public Official Election Act to protect the right of the elector to know, the fairness of election, the usefulness of legitimate election management, etc.

However, the defendant has no record of being punished for an election-related crime, and his mistake is divided and reflected.

In addition, the defendant was under the influence of alcohol to commit the crime of this case, and there is no political intention or purpose to influence the election, which is favorable to the defendant.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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