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(영문) 광주지방법원 2017.06.23 2017고합174
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 publicity facilities under the Election of Public Officials Act or damage them without any justifiable reason.

Nevertheless, the Defendant, at around 17:00 on May 2, 2017, run the Internet game in front of the children’s park, which is located in Gwangju Mine-ro 179, Gwangju Metropolitan City.

“I report comments on comments,” etc., but was attached to the penta Park for Children.

Of the 19th presidential election posters, the faces of all candidates were damaged by the knife, knife, which was carrying the face of all candidates.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to a situation report, internal investigation report (in relation to the on-site CCTV verification), internal investigation report (in relation to the on-site CCTV verification), internal investigation report (in relation to the verification of transportation cards), internal investigation report (in relation to the verification of transportation cards), internal investigation report (in relation to the person suspected of being suspected of being suspected of being suspected of being suspected of being suspected of being dead), investigation report (in addition to the form of national defense satis and the color photo), investigation report (in relation to the identification

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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 applicable sentences under law: Fines of 50,000 to 4 million won;

2. Whether the sentencing criteria are applied: Omission of the sentencing criteria;

3. The accused’s liability is not easy in that damage to the poster for decision-making of an election is likely to undermine the right to know of the elector, the fairness of the election, and the efficiency of the election management;

However, the fact that the defendant recognized the crime of this case, the defendant was disabled by the third degree of intellectual disability, the first offender with no record of crime, and the defendant did not seem to have committed the crime of this case with political intent or purpose to influence the election.

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