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(영문) 수원지방법원 2020.09.03 2020고합426
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

No person shall interfere with the preparation, posting, posting, posting, or installation of posters, placards, or other publicity facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

Nevertheless, around April 13:27, 2020, the Defendant removed three campaign posters of the above candidate as his hand without any justifiable reason, and damaged them. The Defendant removed three copies of the campaign posters of the above candidate, which were attached to the entrance of the 21st National Assembly member election campaign liaison office located in the 20th National Assembly member B at Suwon-si.

Summary of Evidence

1. Application of Acts and subordinate statutes to photographic Acts and subordinate statutes by cutting down the suspect's protocol of interrogation of the suspect to the prosecution E (including the F's statement part), individually reporting the fact to the prosecutor's office E, handling the 112 reported case, collecting investigation reports, and capturing the poster damaged CCTV images

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 (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 shall not apply to fines for the scope of recommendations on the sentencing criteria.

3. The defendant who made a decision on a sentence violates the right to know of the voters, the fairness of election, and the usefulness of election management by damaging posters under the Public Official Election Act without justifiable grounds, and the liability for such crime cannot be deemed to be minor.

However, the criminal records and arguments of this case, such as the defendant's age, character and conduct, family environment, motive and background of the crime, and circumstances after the crime, are shown in the criminal law. The purpose of this case is to recognize the crime of this case, to influence the election of the defendant, or to prevent election campaign by a specific candidate is deemed not to have been achieved. The damaged candidate's campaign does not want the punishment of the defendant, and criminal punishment is to be considered as favorable to the defendant.

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