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(영문) 부산지방법원 동부지원 2016.07.15 2016고합66
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

On April 1, 2016, the Defendant discovered an election poster (management number: number : number : 1 - 4) stating three photographs, career, etc. of candidates for electoral districts in the Southern-gu, Busan Metropolitan City election commission, which was attached to the wall wall of the 20th National Assembly member in accordance with the Public Official Election Act, in front of the Southern-gu, Busan Metropolitan City Residential Community Center No. 580, a 100, Seo-gu, Busan Metropolitan City Residential Community Center No. 100, 100, and laid off on the wall page.

Accordingly, the Defendant removed posters under the Public Official Election Act without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of field identification;

1. A photograph of each on-site photograph and a photograph of a CCTV course;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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. The sentencing criteria are not set for the instant crime.

3. In light of the fact that the Defendant, without any justifiable reason, damages posters for election under the Election of Public Officials Act and impairs the right to know the elector, the fairness of election, the utility of election management, etc., the punishment for such crime is not against.

This is disadvantageous to the defendant.

The Defendant, while making a confession to commit the instant crime, is against himself.

It seems that there was no political intention or purpose to influence the defendant's malicious sentiment or election for a specific candidate.

There is no criminal history against the defendant.

This is the circumstances favorable to the defendant.

The above-mentioned favorable circumstances and conditions, as well as the age, occupation, and other circumstances of the defendant.

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