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(영문) 서울동부지방법원 2018.10.12 2018고합243
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 June 2, 2018, at around 03:15, the Defendant damaged the 7 simultaneous local election banners set up at the front of Gwangjin-gu Seoul Special Metropolitan City Seoul Metropolitan City, without any justifiable reason, by putting up the hanging banner of candidates D for the Seoul Metropolitan City Mayor, and the hanging banner of candidates E for the Seoul Special Metropolitan City superintendent’s Office of Education.

Accordingly, the Defendant, without any justifiable reason, damaged two placards installed as above.

Summary of Evidence

1. Statement by the defendant in court;

1. CCTV CDs for committing a crime;

1. Application of Acts and subordinate statutes to report internal investigation (verification of the details of damage to a suspected banner, and verification of approval seal on the frontline);

1. Relevant legal provisions concerning criminal facts and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment and Punishment (the damage to the Seoul Metropolitan City Election Placards, the selection of fines), Article 49 (1) of the Act on the Autonomy of Local Education, Article 240 (1) of the Public Official Election Act (the damage to the banner of the Seoul Metropolitan Office of Education, and the selection of fines);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Local Education Autonomy Act (an aggravated punishment for concurrent crimes with punishment prescribed in a crime of violation of the Local Education Autonomy Act with heavier quality);

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 6 million won;

2. Scope of the recommended sentences according to the sentencing criteria: The same shall not apply to the case where the sentencing criteria are set;

3. Determination of sentence: The crime of this case by a fine of KRW 700,000 is that the defendant damages the banner of candidates for the Seoul Mayor and the Seoul Metropolitan City Superintendent's Office of Education without any justifiable reason, and the crime is not less complicated in that it impairs the rights of electors to know and the efficiency of election management.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant committed the crime of this case by contingency while drinking, and it seems that there was no political intent or purpose to influence the election, and the same intention is the same.

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