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(영문) 부산지방법원 2017.08.04 2017고합269
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

No person shall obstruct 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, the Defendant, at around 12:10 on April 2, 2017, included C candidate’s face in the 19th presidential election campaign poster installed in the 361-gil, Busan-dong, Busan-dong, the 600 Busan-ro, in the 19th presidential election campaign poster installed in the pent of the 19th Busan-ro parking lot, with a black pen, and included D candidate’s face.

Then, at the same election poster installed near the 12:35 square meters, a “X” person was placed in the front left-hand side of the D candidate’s face, and then the “O” was placed in the lower-hand side of the D candidate’s face.

Accordingly, the Defendant damaged posters under the Public Official Election Act two times as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each internal report, each photograph (for a time, 2, 4, and 7), electronic information confirmation, and the detailed list of electronic information, and each DVD 1 document (CCTV image);

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Scope of applicable sentences: Fines of 50,000 to KRW 6,000,000;

2. The sentencing criteria are not set for each offense on which a sentence is rendered; and

The Defendant damaged election posters at least twice without justifiable grounds.

Such election crimes are not suitable in that the elector's right to know, the fairness of election, and the efficiency of election management.

However, the defendant seems to have committed the crime of this case by drinking and contingently.

There is no criminal record for the defendant.

The defendant repents his wrongness.

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