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(영문) 인천지방법원 2017.07.14 2017고합319
공직선거법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

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.

1. On April 21, 2017, around 06:12, the Defendant discovered the 19th presidential election poster posted on the wall of the building located in Bupyeong-gu Incheon Metropolitan City, and removed the said poster by hand, and damaged and removed the poster without good cause, by leaving it on the floor.

2. On April 21, 2017, around 06:17, the Defendant discovered the 19th presidential election poster, which was posted on the apartment fence No. 12, a 25-gil-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and damaged and removed the election poster without justifiable grounds, which was laid down on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph damaged by a poster;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Article 240 (1) of the Act on Election of Public Officials under the relevant Acts concerning facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, 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 April 21, 2017, with heavier penalty)

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. Scope of punishment by law: A fine not exceeding six million won;

2. Each of the instant crimes committed by the Defendant who was sentenced to sentence is not likely to undermine the right to know the elector, the fairness of election, and the efficiency of election management;

On the other hand, all of the crimes in this case are led to contingent crimes without any intention to obstruct any political intention or election campaign by a specific candidate to influence the election, and they are first offenders.

In addition, the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime are shown in the arguments.

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