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Reasons
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(영문) 서울중앙지방법원 2016.09.22 2016고합352
공직선거법위반등
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Imprisonment with prison labor for a violation of each Act on Election of Public Offices in the judgment of the defendant, and for a crime of damage to property in the judgment.

Reasons

Criminal facts

[2016 Gohap 352]

1. On April 3, 2016, at around 08:28, the Defendant removed election posters without justifiable grounds by simultaneously removing the said posters by breaking the strings attached to the iron fence of the left wall of the said school’s fixed side in accordance with the Public Official Election Act in front of the Gyeonggi High School located in Gangnam-gu Seoul, Seoul, as well as by a method of breaking the strings of both sides of vinyl covers on which the said posters are posted.

2. On April 6, 2016, at the same place as Paragraph 1, at around 19:45, the Defendant damaged election posters without good cause, by removing candidates D, E, F, and G election posters for the 20th National Assembly member election C, which were re-established in accordance with the Public Official Election Act, from each place.

[2016 Gohap 531] On March 17, 2016, the Defendant, at around 19:40 on March 17, 2016, laid a hole at the lower part of the front part of the trigrams in the market value of 7.4 million won, the victim I, located on the right side of the victim I, located in Gangnam-gu Seoul Metropolitan Government H, was destroyed by tearing it.

Summary of Evidence

[2016 Gohap 352]

1. Partial statement of the defendant;

1. Photographss of each CCTV image data (the number Nos. 3, 14, and 70), photographs of the suspect's clothes (the same sequence 8), photographs of the place of crime (the same sequence 18), damaged poster photographs (the same sequence 24);

1. The CD card or CD (Evidence Nos. 16, 21, 44, 64, 68) on which each CCTV file is stored, the chemical and image improvement video content (including an attachment CD No. 72);

1. Guidance for indicating the same line (Evidence Nos. 6), the suspect's moving line and CCTV installation place (No. 13) and the CCTV installation place (No. 43).

1. Each investigation report and internal investigation report (the list of evidence Nos. 4, 5, 7, 20, 22, 42, 69) / [2016 ancient 531];

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K, L, M and N;

1. CCTV photographs, damaged tank pictures (Evidence Nos. 1), CCTV photographs (No. 6), CCTV video CDs (Serial No. 8)

1. The video verification report (Evidence list).

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