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(영문) 창원지방법원 마산지원 2017.08.11 2017고합38
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

In spite of the fact that anyone does not interfere with the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Election of Public Officials Act, or damage or remove them, the Defendant, on April 21, 2017, at around 00:01, at around 26:5-gil, Masan-gu, Changwon-gu, Masan-si, Masan-si, Masan-si, 26-ro, an apartment campaign poster, attached to the apartment wall, 5 times, among the campaign posters for candidates for the 19th presidential election, destroyed the 5th presidential election campaign poster, which is a propaganda facility for the election of public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. A damaged poster and photograph;

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

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

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

3. The Defendant who has determined a sentence of sentence has damaged posters for election under the Public Official Election Act without justifiable grounds and has impaired the right to know the elector, the fairness of election, the utility of election management, etc., and thus, the punishment for such crime is not easy.

However, under the circumstances favorable to the defendant, all sentencing factors specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, method of crime, circumstance after the crime, etc., shall be comprehensively considered in light of the following: (a) the defendant confessions and reflects the crime of this case; (b) the defendant committed the crime of this case in a state of detention; and (c) the defendant committed the crime of this case with a political purpose that may affect the election; and (d) the fact that the defendant does not seem to have committed the crime of this case; and

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