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(영문) 서울중앙지방법원 2020.09.16 2020고합492
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 22:40 on April 14, 2020, the Defendant destroyed campaign posters without justifiable grounds by putting them up on the floor by hand at the 21st National Assembly members election campaign posters (F Party G, No. e., F Party G, No. H, F Party J, F Party M, No. N No. n. P) posted on the 21st National Assembly Member Election in Seoul, a road safety pen.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on generation (Violation of the Public Official Election Act) and a report on internal history (Attachment of photographs by cutting off the CCTV images);

1. Application of statutes on site photographs;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

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

1. The reason why the act of damaging campaign posters in sentencing under Article 59(1) of the Criminal Code of the suspended sentence (a favorable circumstances among the reasons for sentencing under the following) does not mean that the act undermines the right of voters to know and impedes election campaigns and election management. However, the crime of this case is not considered to significantly impede the utility of campaign posters since it was committed more than 10 percent at the immediately preceding day of the election, and it is deemed that the act of this case has an effect on election, or is deemed not to have an intention to interfere with election campaigns, and there are circumstances favorable to the defendant, such as the fact that the act of damaging campaign posters is recognized as crimes, and there is no means to impose criminal punishment.

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