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(영문) 광주지방법원 2017.07.28 2017고합243
공직선거법위반
Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

No person shall interfere with the preparation, 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, the Defendants, at around 04:00 on April 22, 2017, damaged the election poster from L candidates to GH candidates once by putting virus in order using a route, which had been holding E, G H candidates and J candidate posters once among D election posters attached to the latter 814-dong-dong rice 8, the second half-gu, 814, and the second half-gu, 817.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on the occurrence of a violation of the Public Official Election Act;

1. Application of Acts and subordinate statutes of each internal investigation report (including the document Nos. 2, 8, and each accompanying document)

1. The Defendants: Article 240 (1) of the Act on the Election of Public Officials and Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. Scope of punishment by law: Not more than four million won by fine; and

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

3. The crime of this case committed by the Defendants under the Election of Public Officials Act is an unfavorable circumstance, where the Defendants damaged the poster to be elected under the Election of Public Officials Act without justifiable grounds, thereby impairing the right of electors to know, the fairness of election, and the utility of election management, and the quality of such crime is not somewhat unfavorable.

On the other hand, it is favorable for the defendants to recognize and reflect their own crimes, and there was no purpose to obstruct the election campaign by any political intent to influence the election, or by any specific candidate, and there was no power to criminal punishment against the defendants.

In addition, the arguments of this case are shown, such as the age, sex, environment, family relationship, and motive for crimes of the Defendants.

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