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(영문) 수원지방법원 안양지원 2018.11.09 2018고합137
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On May 31, 2018, the Defendant was well aware of the connection of the above banner on the ground that the banner against the Defendant E by the superintendent of the Gyeonggi-do Office of Education, which was installed in front of the D cafeteria run by the Defendant at the seat of the D cafeteria operated by the Defendant in Ansan-si around 08:59 on May 31, 2018, takes a restaurant operated by the Defendant.

Accordingly, the defendant damaged the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (whether it is a banner under the Election of Public Officials Act);

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes governing field photographs and CCTV images CDs;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing guidelines for the order of provisional payment. The crime of this case is an infringement upon the elector’s right to know, and the fairness of election, and thus, the Defendant’s liability is not minor.

However, the Defendant is against his mistake, and the Defendant appears to have somewhat weak awareness of illegality at the time of committing the crime, and the degree of damage is minor, and the following day connects the string of a banner that has been damaged and thus is not likely to have a significant impact on the election.

In light of the fact that the defendant appears to have no record of crime, the first offender who has no record of crime shall be considered as favorable circumstances, and the punishment shall be determined as ordered in consideration of the defendant's age, sexual conduct, environment, motive and circumstance of the crime of this case, means and consequence, and the circumstances before and after the crime.

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