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(영문) 수원지방법원 2020.09.10 2020고합427
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

Nevertheless, around 06:13 on April 4, 2020, the Defendant removed and damaged the Chapter 9 of the above candidate's campaign posters in his hand without justifiable grounds, where four were attached to the building located in the 21st National Assembly member election campaign liaison office of the Cparty candidate D in the election of the C Party candidate for the 21st National Assembly member, and the wall.

Summary of Evidence

1. A written statement prepared by prosecution E concerning the accused's protocol of suspect examination of the accused;

1. Application of Acts and subordinate statutes on field photographs, evidence photographs and photographs of reports (whether they are campaign posters under the Public Official Election Act);

1. Relevant Article 240 (1) of the Public Official Election Act concerning criminal facts and Article 240 (1) of the Act on the Election of Candidates for Punishment (Jointity and Selection of

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 50,000 to 4,000,000; and

2. Determination of sentence: The instant crime of KRW 500,000, which causes damage to the promotional materials of the election of a National Assembly member with a large number of defendants, and the nature of such crime is not minor;

However, the fact that the defendant recognized the crime of this case and reflected the mistake, the first offender, etc. shall be considered as favorable to the defendant. Other factors such as the defendant's age, character and behavior, environment, circumstances of the crime, means and result, etc., and the sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments shall be comprehensively considered.

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