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(영문) 수원지방법원 안산지원 2016.06.24 2016고합123
공직선거법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a company member, Defendant B is a university student, and Defendants are elementary school students.

No person shall interfere with the preparation, posting, posting, posting and 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, Defendant A found a 20th election campaign poster for the election of the National Assembly members of the 20th National Assembly established by the election management committee in Ansan-si, Masan-si, Masan-si, Masan-si, Masan-si on April 2, 2016 (math 212cm in width, 38cm in length) at around 02:0, when Defendant A was under the influence of drinking a pentle, Defendant A destroyed the “D and E candidates” of the above poster by putting the “D and E candidates” together with Defendant A in his hand, and throwing the poster once without any reason.

As a result, Defendants conspired to damage posters under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Application of each of the laws and regulations on video images recorded in each of the Defendants’ respective legal statements F and police statements made to G (No. 4 No. 5 of the evidence list)

1. Relevant Articles 240(1) and 240(1) of the Act on the Election of Public Officials and Article 30 of the Criminal Act concerning criminal facts (the Defendants) and Articles 70 and 69(2) (one hundred thousand won per day converted) of the Criminal Act concerning the detention in a workhouse of KRW 500,000 per fine (the Defendants) to suspend sentence under Article 30 of the Criminal Act

1. Grounds for sentencing under Article 59(1) of the Criminal Act

1. Scope of punishment by law: Not more than four million won by fine; and

2. The sentencing criteria are not applicable since the decision of sentencing has been chosen.

The defendants damaged posters under the Public Official Election Act without justifiable grounds to impair the fairness of elections and the utility of the election management, and that their responsibilities are minor.

shall not be deemed to exist.

However, the defendants led to the crime of this case and reflect their own mistakes in depth, and they were the bloods.

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