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(영문) 대구지방법원 2016.07.29 2016고합306
공직선거법위반등
Text

The defendant shall be punished by a fine of KRW 700,00,000,000,000,000,000,000.

Reasons

Punishment of the crime

1. No person who violates the Public Official Election Act shall obstruct the preparation, posting, posting, posting or installation of posters, placards or other publicity facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds;

On April 9, 2016, the Defendant was attached to D Child Care Center C in Daegu-gu, Daegu-gu, on April 9, 2016

The poster for the election of the National Assembly members of the 20th National Assembly was removed by hand without any justifiable reason and damaged.

2. The Defendant damaged property by plucking, plucking, by hand, the victim E (30) owner, who was parked on the roads adjacent to D Child Care Center at the same date and time as paragraph 1, and at the same place as D Child Care Center (30).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigative reports (damage to election posters, and attach photographs to vehicles);

1. Relevant Article 240 (1) of the Act on the Election of Public Officials and Article 240 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts (a point where election posters are damaged, a fine is selected), and Article 366 of the Criminal Act;

1. Article 18 (3) and 18 (1) 3 of the Act on the Election of Public Officials among Concurrent Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Violation of the Act on the Election of Public Officials on Grounds of Sentencing 700,000 for the Punishment of Criminal Procedure Act: A fine of 500,000 won for damage to property: The Defendant, without any particular reason, destroyed election posters and damaged a vehicle owned by others.

However, considering the fact that there is no political intent to damage election posters, the result of damage is not excessive, the owner of a motor vehicle does not want punishment, the defendant's mistake is against the defendant, and other conditions of all the sentencing appearing in the records and arguments such as the defendant's age, sex, environment, family relationship, etc., the punishment is determined as ordered.

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