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(영문) 인천지방법원 2020.09.22 2020고합463
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall damage posters under the Public Official Election Act without justifiable grounds.

Nevertheless, around 22:00 on April 9, 2020, the Defendant removed the door line, which fixed the posters of the candidates E (F party), G (H party), I (J party) of the National Assembly member of the 21st National Assembly in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Incheon, and damaged the poster in front of the 21st National Assembly member.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a police interrogation protocol against the accused, and attachment: Application of Acts and subordinate statutes to receive and report the violation of the Election Act;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

2. Whether the sentencing criteria are applied: The same shall not apply to a violation of the Public Official Election Act due to damage to campaign posters;

The punishment shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions prescribed in Article 51 of the Criminal Act:

The crime of this case is not easy in that the defendant damaged posters under the Public Official Election Act without any justifiable reason and interfered with election campaigns.

The Defendant recognized the instant crime.

The defendant has no history of criminal punishment.

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