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(영문) 대구지방법원 서부지원 2014.07.17 2014고합98
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall damage posters under the Public Official Election Act without justifiable grounds.

On May 27, 2014, around 13:40 on May 27, 2014, the Defendant appealed from the wall of the D Child Care Center in the Daegu Seo-gu C, Daegu District Office of Education (hereinafter “D”) who was dissatisfed from the person who was in the D Child Care Center, and attached the wall to the 6th anniversary of the D Child Care Center (hereinafter “F candidate’s poster face”) f candidate’s poster face of the F candidate’s nationwide local election, and written off “Ma” with a yellow flicker on the poster.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each shape of poster, damaged photograph, and CCTV suspect's photograph;

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

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

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

1. The crime of this case where a defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order damages publicity materials of the Superintendent of the Office of Education cannot be deemed to be such crime in light of the legislative intent of the Public Official Election Act, which intends to protect the elector's right to know, fairness of election, utility of legitimate election management, etc.

However, the Defendant recognized the instant crime and reflects on the fact that the Defendant participated in the monthly agenda of the short EC text before a week prior to the instant crime, and was insultd by a member of his or her name. Accordingly, considering the fact that there was no political intent or purpose to affect the election as a contingent damage to the poster of the FF candidate, which is the same EC at the time of the instant crime, and that there was no other political intent or purpose to affect the election. Furthermore, the punishment as ordered in the instant case shall be determined by taking into account all the factors of sentencing specified in the instant argument, such as the Defendant’s age, character and conduct, environment,

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