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(영문) 서울북부지방법원 2018.10.12 2017고합229
공직선거법위반
Text

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

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

Reasons

Criminal facts

No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

Nevertheless, around May 13, 2017, the Defendant 19th presidential election campaign posters attached to the 19th presidential election campaign posters attached to the 19th presidential election campaign site in front of Dobong-gu Seoul apartment, Dobong-gu, Seoul. On May 30, 2017, he cut off or cut the hole by using signs D E, marks F G, marks H I, sign J K, sign L M, and sign NO's campaign posters.

Accordingly, the Defendant damaged the poster for the 19th presidential election under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. A P statement;

1. Protocols of seizure;

1. According to the records on the application of Acts and subordinate statutes, the Defendant was sentenced to one year and six months of imprisonment for an attempt to commit robbery and three years of suspension of execution on September 1, 2017, and the judgment was finalized on September 9, 2017, but Article 18(3) of the Public Official Election Act provides that the concurrent crimes that are different from those of an election shall be tried separately, notwithstanding the provisions of Article 38 of the Criminal Act, with respect to an attempt to commit robbery for which the judgment became final and conclusive and the offense of violation of the Public Official Election Act, which was committed before the said judgment became final and conclusive, does not constitute a concurrent crime under Article 37 of the Criminal Act.

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Fines of 50,000 to 4,000,000 won within the applicable range of punishment; and

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The Defendant’s apartment crime of this case with a fine of KRW 1,000,00,000, which was sentenced to the sentence.

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