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(영문) 창원지방법원 진주지원 2017.08.08 2017고합45
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 or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without any justifiable reason.

Nevertheless, at around 00:09 on April 22, 2017, the Defendant damaged the said poster, without justifiable grounds, by using the sign D E and sign F pictures of the 19th presidential election campaign poster attached to the street surface near the C building in Jinju-si, Seoul, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to attach election posters, photographs, attach a criminal investigation report (Attachment of CCTV files containing a face-to-face page where an election poster is damaged), and report on investigation (referring to witness H telephone conversations);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the provisional payment order.

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. The instant crime of determining sentence is that the Defendant’s photograph of some candidates out of the election posters affixed on the wall with a knife knife would have damaged the right of the elector to know, the fairness of election, and the efficiency of election management, etc., and that the nature of the instant crime is not somewhat weak, etc., shall be considered as grounds for sentencing unfavorable to the Defendant.

However, it seems that the defendant has caused contingent crimes without the intention of allowing his mistake, affecting the election, or obstructing election campaigns of a specific candidate, etc., the defendant's mental health status is not good for patients with mental disorder of class 3, and the defendant has no record of criminal punishment other than the corresponding fine in 2007, shall be considered as a favorable reason for sentencing.

and the circumstances above;

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