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(영문) 수원지방법원 평택지원 2017.09.25 2017고합84
공직선거법위반
Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall damage or remove posters and other propaganda facilities installed under the Election of Public Officials Act without any justifiable reason.

On April 28, 2017, the Defendant, at the 2nd permanent permanent residence in Pyeongtaek-si Dong-dong around Pyeongtaek-si on April 28, 2017, her election poster, which was installed by the Committee on the Management of Pyeongtaek-si Election in its location, her photograph, brief personal effects, etc., were exposed to the 19th presidential election candidates.

Accordingly, the defendant damaged the posters set up by the Public Official Election Act without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Four copies of field photographs, and CCTV photographs for crime prevention;

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 punishment by law: A fine not exceeding four million won;

2. Determination of sentence: The crime of this case committed by a defendant with a fine of KRW 300,000 is not likely to undermine the right of electors to know, the fairness of elections, and the efficiency of election management;

However, it appears that the defendant reflects his mistake, the political intention to influence the election, or the election campaign of a specific candidate is likely to result in contingent crimes without any intention to interfere with the election campaign, and the defendant's age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, etc. shall be determined as ordered by taking into account various factors of sentencing as shown in the arguments, such as the circumstances after the crime.

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