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(영문) 인천지방법원 2014.08.27 2014고합422
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting, or installation of posters, placards, or other propaganda facilities, or damage or remove them without any justifiable ground.

Nevertheless, at around 07:30 on May 23, 2014, the Defendant removed the election banner of F of the candidate F of the candidate for Gu Council member of the Incheon Southern-gu E Party E-gu Incheon Metropolitan City, which is suffering from the front street trees run by the Defendant in Nam-gu, Incheon, by hand on the ground that he puts up the signboard of the above school uniform.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the C&C-related Acts and subordinate statutes;

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. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

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

2. Determination of sentence: In this case, a fine of KRW 300,000 has been removed without any justifiable reason, and in view of the fact that the accused has undermined the fairness of election, utility of election management, etc. through such an act, the liability for the crime is not easy.

However, the decision is delivered with the order, taking into account various sentencing factors such as the defendant's favorable circumstances, such as the defendant's age, character and behavior, circumstances before and after the crime, means and methods of the crime, family relation, etc., such as the defendant's confession of the crime of this case, the removal of the string without damaging the election banner, the string of the string without damaging it, the string of the crime of this case was committed without any malicious sentiment or political intent, and there is no significant influence on the result of the election.

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