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(영문) 대구지방법원 영덕지원 2014.10.02 2014고합27
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall obstruct the preparation, posting, posting, posting or installation of posters, placards or other publicity facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

1. On May 24, 2014, the Defendant, at around 23:40 on May 24, 2014, destroyed by cutting off the banner in a way of tearing and tearing it by asking the Defendant’s election banner (a 9m, 1.2m in length) of the candidate C, a candidate of the Yong-Fuk-gun, who is posted in the fluecule of the Hem of the Yong-gun-gun (a 9m, 1.2m in length) on his/her hand.

2. On May 25, 2014, around 00:00:30 on May 25, 2014, the Defendant removed an election banner of the candidate C of the candidate C (a 9m, 1.2m in length) posted at the place, on the street, at the front of the 'Yanchid Livestock Farming Branch Office,' located in the Dosan-gun, Dosan-gun, the Dosan-gun, the Dosan-gun, the Dosan-gun, the Dosan-gun, the Dosan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each of the statutes to visual data cut down at the scene of crime, two copies of CCTV image data for profit-making in the cereale, on-site photographs of removal sites for placards of the territorial sea, Nonghyup Livestock Branch, and on-site photographs of removal placards, respectively;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment stipulated in the Public Official Election Act as of May 25, 2014, heavier penalty);

1. In light of the fact that the defendant's reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, without justifiable grounds, arbitrarily damages the banner installed under the Public Official Election Act or voluntarily removes it, thereby impairing the fairness of election and the utility of election management, etc., and that the defendant has a history of criminal punishment of a fine or more severe punishment on several occasions, the criminal liability of the defendant is not easy.

However, the defendant is recognized as committing the crime of this case, and the defendant is in Grade 2 of the intellectual disability.

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