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(영문) 서울북부지방법원 2017.11.17 2017고합211 (1)
공직선거법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

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 justifiable grounds.

Nevertheless, at around 17:30 on April 27, 2017, the Defendant, among the 19th presidential election posters attached to the building located in Nowon-gu in Seoul Special Metropolitan City, destroyed the poster in the form of X (X) using a kacker knife (16.5cm in length, No. 16.5cm in evidence 1) that possessed the face of the election poster of the candidate D, among the 19th presidential election posters attached to the 19th presidential election posters that were located in the 19th presidential election posters. From that time until May 2, 2017, the Defendant damaged the election poster by the same method as indicated in the list of crimes.

Accordingly, the Defendant damaged the 19th presidential election poster according to the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as photographs and photographs of each damaged poster, photographs possessed by a criminal tool, photographs on the scene of a crime, and CCTV video CDs;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Public Official Election Act around May 2, 2017, with the largest penalty)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Imprisonment with prison labor for not more than three years;

2. The sentencing guidelines are not set in the scope of the recommended punishment. 3. The crime of this case committed by the Defendant on the 19th presidential election poster, which was attached to the 19th presidential election poster, is not good in that it damages the elector’s right to know, the fairness of election, and the efficiency of election management.

The defendant shall leave only a wall to a specific candidate in a short term.

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