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(영문) 춘천지방법원 원주지원 2017.09.06 2017고합47
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

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 Defendant, at around 19:01 on April 26, 201, destroyed a propaganda poster for the candidate of the 19th presidential candidate under the Public Official Election Act by putting the support stand between the marks C (D candidates) of the above propaganda poster and the marks E (F candidates) in hand in front of the campaign posters for the 19th presidential candidate under the Public Official Election Act attached to the wall that was attached to the 207th presidential candidate's wall, without any justifiable reason, in a manner that the propaganda poster from the sign E to G falls into the floor without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by on-site mobilization photographs, and by capturing CCTVs;

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. The scope of sentencing by law for sentencing under Article 334(1) of the Criminal Procedure Act: The scope of sentencing by a fine of KRW 50,000 from KRW 50,000 to KRW 4,00,000: A decision to impose a fine of KRW 700,000 on the ground that no sentencing guidelines are set: A decision to impose a fine of KRW 700,000 ( favorable circumstances) is led to the confession and reflect of the instant crime.

There is no criminal history against the defendant.

The defendant seems to have committed a crime by contingency without obvious intention to harm a specific candidate or to have a negative effect on the presidential election.

[Unless there is any particular reason or motive, the Defendant damaged posters for election under the Public Official Election Act, thereby infringing on the citizens’ right to know about the presidential election, the fairness of election and the usefulness of election management, and thereby endangering them.

The defendant's age, sex, environment, and crime.

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