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(영문) 광주지방법원순천지원 2020.09.10 2020고합77
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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, at around 23:45 on April 6, 2020, the Defendant damaged propaganda facilities such as campaign posters, etc. posted under the Public Official Election Act by 11 times in total, from that time until April 12, 2020, among the campaign posters for the 21st election of National Assembly members of the E Party, which were installed by the election commission at the left side of the branch of the Eth election district branch of the Eth Election Commission at the National Assembly on the outside of the branch of the Eth election of the Eth National Assembly at the National Assembly.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and I;

1. Each CCTV CD;

1. Notification to the department related to the 112 Incident Report, internal investigation report [the details of identity A of a suspect], internal investigation report [the details of identity A of a suspect (2)], seizure records, investigation report (the case of a bicycle used for a crime), JJ-J-J-J campaign poster damage, the number of things released from the damage to a poster, the number of things released from the K building, the investigation report (the time specified for a crime before L community service center and NI in M), and the application of Acts and subordinate statutes to the investigation report (the clothes of a suspect as at the time of committing a crime);

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

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in the Public Official Election Act on April 12, 2020 with the largest penalty);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;

2. The circumstances under which the sentence of sentence is rendered, and the age, character and conduct, environment, methods and circumstances of crimes, and circumstances of the defendant.

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