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(영문) 인천지방법원 2017.07.21 2017고합339
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The 19th presidential election implemented on May 9, 2017 was held on May 9, 2017, although the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Election of Public Officials Act was not obstructed, or was not damaged or removed without justifiable grounds;

1. On April 24, 2017, around 03:46, the Defendant: (a) destroyed the poster by finding out the 19th presidential candidate’s poster installed at the front of Gyeyang-gu Incheon, Gyeyang-gu, Incheon; and (b) setting fire by using a stringter with the string of the poster which was set up for the purpose of installing the poster; and (c) caused the poster to fall off on the floor.

From that time until 04:40 on the same day, the Defendant: (a) destroyed the posters of the 19th presidential candidate on the 19th presidential election in a total of six occasions by breaking the poster by breaking the poster by hand; or (b) destroying the poster by breaking the poster by hand.

2. On April 24, 2017, at around 04:24, the Defendant: (a) discovered a sign GH candidate’s stuffed vehicle parked in the F-public parking lot located in front of the exit-gu, Incheon Gyeyang-gu, Gyeyang-gu, Incheon; and (b) destroyed an election campaign vehicle by putting two public relations board (4m in width, 45cm in length) indicated as “I Party G H”), which is installed both at the bottom of the loading box of the said vehicle, in his/her hand, at the end of the loading box of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J and K;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to photographs, estimates, photographs of the damaged part of a suspected vehicle, photographs of each page of the crime, and photographs at the scene of crime;

1. Article 240 (1) of the Act on the Election of Public Officials for the Punishment of Crimes and the Selection of Punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a crime of violating the Public Official Election Act due to damage to a motor vehicle with the largest number of concurrent crimes);

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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