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(영문) 의정부지방법원 2017.07.12 2017고합202
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

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.

1. On April 23, 2017, the Defendant: (a) destroyed 1 copy of each candidate’s poster (52cm in width, 76cm in length) posted on the 19th presidential election commission of Gyeonggi-do on the 19th presidential election campaign, which was posted on the 19th presidential election campaign site in front of the D middle school’s emotional well-known pedestrian safety pen; and (b) caused damage by metal scrap.

2. The Defendant, like paragraph 1, destroyed, in metal scrap, one sheet of the E candidate poster (52 cm in width, 76 cm in length) posted by the Gyeonggi-do Election Management Committee on the fence of the G Village in front of the Mancheon-si, Mancheon-si.

3. On April 26, 2017, the Defendant: (a) destroyed a sheet of the 19th presidential election campaign poster (52cm in width, 76cm in length) among the posters of each candidate related to the 19th presidential election posted by the Gyeonggi-do Election Management Committee on the pedestrian safety pen in front of the foregoing D secondary school gate; and (b) caused damage to a metal scrap.

4. The Defendant, like paragraph 3, destroyed, in metal scrap, one sheet of the E candidate poster (52 cm wide, 76 cm long) posted by the Gyeonggi-do Election Management Committee on the fence of the G Village Iron in front of the Sincheon-si in the daily border.

Accordingly, the Defendant damaged the exclusive poster for the election without any justifiable reason at least four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A CD;

1.4.23. &

4. 26. Other closure photographs of each poster, damaged site;

1. Damage of election posters, photographs, and the application of the Acts and subordinate statutes to the photographs attached to the crime day;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the violation of the Election of Public Officials Act as stated in paragraph (4) of the same Article),

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. Legal provisions;

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