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(영문) 서울북부지방법원 2017.08.18 2017고합205
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

Nevertheless, around April 22, 2017, the Defendant: (a) around 04:08, the Dongdaemun-gu Seoul Dongdaemun-gu, had sexual intercourse 162, before the church; (b) damaged the poster by putting the middle part of the poster part of the 19th presidential election poster, which is installed in the pentice, in his hand, and breaking it out.

Accordingly, the Defendant damaged the poster for the 19th presidential election under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Posters and photographs of the site;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTV at source), and to report internal investigation (where a crime is committed, CCTV image data storage file);

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 range of punishment by a fine not exceeding four million won;

2. The scope of the sentencing guidelines is not set. 3. The crime of this case on the 19th presidential election campaign, which was set up on the road pentice, is not likely to be committed in that the Defendant’s act of breaking part of the 19th presidential election campaign posters, which was set up on the road pentice, affects the elector’s right to know, the fairness of election, and the efficiency of election management.

The defendant has been punished three times by a fine due to the crime of injury, interference with duties, etc. on two occasions the suspension of execution, the crime of destroying property, and the crime of injury.

However, the defendant recognized all of the crimes of this case and appeared to have a political interest, such as the fact that the defendant appeared to reflect on the status of the crime of this case, and the intention to benefit a specific candidate.

In addition, various sentencing conditions that are shown in the records of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime.

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