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(영문) 대전지방법원 2017.01.12 2016고합175
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 one shall obstruct or damage the installation of posters, placards, etc. related to an election for public office without any justifiable ground.

Nevertheless, the Defendant removed, on April 11, 2016, at around 07:50, at the vicinity of the Daejeon Dong-gu's Dong-gu's 85's "Spacul Village Child Welfare Center", the head of the Dong-gu, Daejeon Metropolitan City election management committee established in relation to the election of the 20th National Assembly members in relation to the election of the 20th National Assembly members, and removed the candidate election posters by political party of each local constituency in the Daejeon-gu, Daejeon-gu, Daejeon-gu, which is set up by the election management committee for the election of the 20th National Assembly members, and discarded

Summary of Evidence

1. Statement by the defendant in court;

1. A place where an election poster is posted;

1. On-site photographs;

1. Application of Acts and subordinate statutes to internal investigation reports (CCTV analysis), investigation reports (CCTV attachment reports);

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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s damage to the poster is disadvantageous to the fact that the nature of the crime is not somewhat weak in that it harms the elector’s right to know, the fairness of election, and the efficiency of election management. Considering the favorable circumstances, each of the following factors are considered: (a) the Defendant’s mistake is against the Defendant; and (b) the political intent or purpose to influence the election is deemed not to have existed; and (c) the Defendant’s age, environment, motive, means, and consequence of the crime; and (d) the punishment as set forth in the instant argument, such as the circumstances after the crime, shall be determined by comprehensively taking into account various factors of sentencing

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