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(영문) 서울북부지방법원 2017.09.22 2017고합236
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

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 Election of Public Officials Act, or damage or remove them without justifiable grounds.

On May 7, 2017, at around 00:50, the Defendant damaged the front wall of the “D Child Care Center” located in Seongbuk-gu Seoul Metropolitan Government, by putting the lower end of the wall of the 19th presidential election candidate G candidates’ election for sign EF political parties in two hands without justifiable grounds, and by leaving the candidate’s campaign poster from the wall No. 1 through No. 5, from the wall without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes to report internal investigation (attaching a damaged poster), report internal investigation (a CCTV verification made on a damaged poster), and report internal investigation (a photograph of a suspect who damages an election poster shall be attached thereto);

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 59 (1) of the Criminal Act (limited to a suspended sentence: a fine of one million won per day, and a period of custody for conversion: 100,000 won per day);

1. The range of punishment by a fine not exceeding four million won;

2. The sentencing guidelines are not set in the scope of the recommended punishment. 3. The crime of this case on the 19th presidential election poster attached on the wall of the defendant was removed by hand and damaged by the elector's right to know, the fairness of election, and the efficiency of election management are not good.

However, the defendant recognized all of the crimes of this case, and attempted to benefit a specific candidate, etc., and led to a political interest.

It is not visible that the defendant does not have any criminal history, and that the defendant is the first offender who has no criminal history, and the crime of this case is divided, and the defendant will not engage in any criminal act again in the future.

It is significant that the family has shown a significant change, such as fry, and the first-year student of a university is born in the society.

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