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(영문) 전주지방법원 2016.11.11 2016고합83
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

Punishment of the crime

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

At around 22:45 on April 12, 2016, the Defendant found a poster for propaganda of three candidates for the 20th National Assembly election E constituency in front of the Do Office, which was posted at the front of the Do Office, and found out a poster for propaganda of three candidates for the 20th National Assembly election E constituency in front of the Do Office, while there was no person who was going to the candidate for a National Assembly member, and turned down three copies of each election poster on which the writing of campaign poster, the election district F, G, and H’s photograph and pharmacological effect are posted.

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

Summary of Evidence

1. Defendant's legal statement;

1. Photographs description (referring to the scene where the election poster is damaged);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 240 (1) of the Public Official Election Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

2. The sentencing criteria are not set for the instant crime.

3. Determination of sentence: The crime in this case requires a fine of one million won to be strictly punished against the Defendant on the ground that the Defendant damages three copies of the campaign posters and the campaign posters for the election of the 20th National Assembly members and the candidate’s exclusive campaign posters without any justifiable reason; the crime that damages campaign posters, etc. infringes on the fairness of the election, the elector’s right to know, etc.; and thus, it is disadvantageous to the Defendant.

On the other hand, it seems that the defendant recognized the crime of this case and against the mistake, there was no past history of criminal punishment for the same crime, and the poster of this case is damaged by drinking by a drunken, and any political intent of this case is intended.

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