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(영문) 부산지방법원 2013.03.22 2013고합75
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No one shall damage posters under the Public Official Election Act without justifiable grounds.

On December 16, 2012, the Defendant: (a) around 20:14, 2012, the Defendant was carrying campaign posters with the campaign posters of C candidates from among the candidates for the 18th presidential election campaign, which were held in front of the B-J B B (B) Dong in Busan, by attaching them to the campaign posters.

Accordingly, the defendant damaged C candidate's campaign posters without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of an election poster;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes to each investigation report (to analyzeCCTV data, to photograph a crime tool, and to attach CCTV video data to CDs);

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 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 easy.

However, the defendant reflects his mistake, and the defendant does not seem to have any political intent or purpose to influence the election as being committed by the crime of this case contingent, and the defendant has no record of punishment for the same crime, and the defendant has no record of punishment for the same crime, and all of the sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered

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