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(영문) 수원지방법원 2017.08.17 2017고합352
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 4, 2017, the Defendant was in front of the 19th President Election C candidate’s election banner, which was installed between the flag pole for the delivery signal, etc., on May 4, 2017, on the ground that the election banner of the said B apartment residents could interfere with the operation of the vehicle of the said B apartment residents. The Defendant was well aware of the above election banner against 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. A written protocol concerning the examination of the prosecution and the police against the accused;

1. On-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to apply for issuance of marks;

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. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Whether the sentencing criteria are applied: Decision not to set the sentencing criteria;

3. The Defendant, without good cause, destroyed the elector’s right to know, and the efficiency of election management, of an election banner attached to the wall surface of a public place.

However, the defendant thought that the place where an election banner is installed is frequently posted, and that the residents are obstructing the passage of the vehicle, and it is not intended to interfere with the political intention or election campaign to influence the election.

There is no record of criminal punishment against the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and other circumstances of sentencing as the defendant's age, sexual conduct, motive, background, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the pleading.

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