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(영문) 서울북부지방법원 2017.08.18 2017고합179
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, 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.

Nevertheless, on April 27, 2017, the Defendant damaged the 19th presidential election campaign party C candidate photograph by hand, which was installed in the fence at the Gongne-dong, Seoul Special Metropolitan City, Nowon-gu, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (specific details, etc. of the suspect's personal information);

1. Application of Acts and subordinate statutes on report on the occurrence of an election poster;

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. The scope of punishment: A fine not exceeding four million won;

2. The crime of this case with the sentence of sentence is not appropriate because the defendant destroyed the poster, thus impairing the right of the elector to know, the fairness of election, the utility of election management, etc.

However, the defendant's confession of the crime of this case, there is no other punishment force than the defendant being fined once, the political intent to influence the election, or the election campaign of a specific candidate seems not to have been purposeed to interfere with the election campaign of the defendant. In addition, the defendant's age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, etc. shall be determined as ordered by taking full account of various sentencing conditions as shown in the arguments, such as the defendant's age, sex, environment, family relationship, motive and circumstance

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