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(영문) 수원지방법원 2017.07.13 2017고합290
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 4, 2017, the Defendant damaged the 19th presidential election campaign posters’ marks D E, marks F G candidates, marks H I candidates by hand, which are attached to the wall surface of the 19th presidential election district in Suwon-si, Suwon-si, Suwon-si, the Defendant damaged them by means of tear.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A damaged poster and photograph;

1. Application of Acts and subordinate statutes on internal investigation reports (the route and details of movement);

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

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. The scope of punishment by law: Fine not exceeding 4 million won;

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

3. The Defendant, without good cause, destroyed election posters posted on the wall surface of a public place, thereby impairing the right of voters to know, and the efficiency of election management.

However, it appears that the Defendant was committed in the course of the instant crime in a situation where the judgment power is confiscated by force, and it appears that there was no purpose to interfere with any political intent or election campaign to influence the election, and that there was no criminal history for the Defendant. It is the circumstances favorable to the Defendant that there was no criminal history for the Defendant.

The punishment shall be determined as ordered by taking into account such circumstances and other circumstances of sentencing as the defendant's age, sexual conduct, motive, background, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the pleading.

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