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(영문) 서울북부지방법원 2017.09.15 2017고합219
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

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 12:11 on April 30, 2017, the Defendant found the poster of the C candidate 19th presidential election, which was installed on the wall of the 17th presidential election, in front of the 17th presidential election, up to 17:41 new in the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and up to 176.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site photographs), report on internal investigation (report on the results of field identification), and report on internal investigation (Attachment to a photograph of the damaged surface);

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

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, which was decided on the 19th presidential election poster installed by the defendant on the wall, is not suitable in that it impairs the right of the elector to know, the fairness of election, and the efficiency of election management.

However, the defendant recognized all the crimes of this case, and tried to commit the crime with a political interest, such as the fact that the defendant appeared to be against others, and try to benefit a specific candidate.

The records of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime, after being sentenced to a fine of about 50,00 won in 1975, the defendant was living without committing a crime for about 40 years.

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