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(영문) 광주지방법원 2017.07.28 2017고합229
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, 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, on April 26, 2017, the Defendant, among C election posters attached to the wall of a children's park site No. 16 a. 33 p.m. according to the Northbuk-gu, Gwangju on April 26, 2017, damaged the D candidate's election poster by hand without any special reason while drunking it.

Summary of Evidence

1. Statement by the defendant in court;

1. CCTV image data;

1. Application of the Acts and subordinate statutes governing the criminal place

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

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

3. The instant crime of determining sentence is an unfavorable circumstance where the Defendant, without good cause, destroyed the poster for an election under the Public Official Election Act, thereby impairing the right to identify the elector, impairing the fairness of the election, and impairing the utility of the election management, and the quality of the crime is not somewhat unfavorable.

On the other hand, there is no objective to obstruct the election campaign of a specific candidate, and the defendant has no record of criminal punishment for the same kind of crime.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions specified in the pleadings of this case, such as the age, sex, environment, family relationship, and motive of the crime.

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