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(영문) 수원지방법원 안양지원 2017.09.22 2017고합131
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

No person shall damage or remove posters for candidates for the 19th presidential election established by the Public Official Election Act without justifiable grounds.

Nevertheless, on May 7, 2017, the Defendant removed the entire poster for the election of the 19th presidential candidate established by the Central Election Management Commission in the fence around the 107 Saemaeul center, which was the 19th presidential election commission around the 19th presidential election, in hand, around 19:03, the Defendant removed the entire poster in front of the 107 Saemaeul community center.

Accordingly, the Defendant removed election posters established by 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 against C;

1. Report on internal death (Attachment of a photograph at the scene of damage to an election poster) [Attachment of a photograph at the scene of the crime] : Defendant and his defense counsel asserted to the effect that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case; thus, according to each of the above evidence, it is recognized that the Defendant had drinking alcohol at the time of the instant crime, but in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the commission of the crime, etc., the Defendant cannot be deemed to have reached a state that the Defendant did not have or lacks the ability to discern things

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set;

2. The crime of this case where the Defendant removed the poster for the election of the 19th President without any particular reason or motive, and thus infringing or endangering the citizens’ right to know about the election of the President, the fairness of the election, the utility of the election management, etc., and the Defendant’s liability is not somewhat weak.

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