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(영문) 수원지방법원 2017.07.13 2017고합291
공직선거법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2017, the Defendant destroyed the C candidate portion of the election poster for the 19th presidential election, which was attached to the wall, on several occasions, at around 09:10 on May 6, 2017, using the excessive amount (23 cm in total length, 12 cm in length) that was prepared in advance, and then damaged the C candidate portion of the election poster for the 19th presidential election, which was cut down by hand.

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

2. On May 7, 2017, the Defendant, who damaged election posters, destroyed the C candidate portion of the 19th presidential election posters, which were attached to the wall by using the excessive amount (21cm in total length, 11cm in length) that was prepared in advance at the above place on May 7, 2017, and then damaged them by means of tearing at hand.

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

3. No person who posts a document of unlawful means on May 8, 2017 shall distribute, post, broadcast, screen, or display the document, drawing, etc. containing the contents supporting, recommending, or opposing a political party or candidate in order to have an influence on the election, from 180 days before the election day to the election day, in violation of the Public Official Election Act.

Nevertheless, for the purpose of influencing the election, the Defendant support D with a white paper (49.5cm x 67cm) of the back of the calendar at the place of the foregoing paragraph (1) from May 8, 2017 to May 14:50, 2017, with a view to influencing the election.

I swear I swear I.

Tamped liquor tax item.

"After recording the contents of "," it was posted in a manner cited by them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol of seizure and each list of seizure;

1. Investigation report (the process of receipt of the case);

1. Application of Acts and subordinate statutes to posters, damaged photographs, photographs, photographs of seized articles, scene of crimes, and photographs of seized articles;

1. Article 240 of the Act on the Election of Public Officials and the Selection of Punishments for Criminal Facts;

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