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(영문) 부산지방법원 2013.04.05 2013고합142
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 06:30 on December 2, 2012, the Defendant destroyed campaign posters, such as posters, placards, and other propaganda facilities established under the Public Official Election Act without any justifiable reason, on the ground that in front of the D broadcasting station sentiments located in Busan Metropolitan City, political persons are unsatured, on the ground that the number of political persons increases, the Defendant opened the 7 posters of the 18th presidential election candidates, which are attached on the right wall to the right-hand side of the front door, in hand, and put up several campaign posters, such as putting them back into the 18th presidential election candidates, and putting them up again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on scene of crimes;

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 with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant damages 7 campaign posters without any justifiable reason. In light of the purpose, etc. of the Public Official Election Act, which intends to protect the fairness of election and the freedom of election campaign, the nature of the crime is not weak.

However, the defendant's mistake is against his own mistake, and the defendant does not seem to have any political intent or purpose to influence the election as a contingent crime of this case, and the defendant does not have any history of punishment for the same crime, and the defendant does not have any history of punishment for the same crime, and all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, are considered. It is decided

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