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(영문) 춘천지방법원 원주지원 2018.09.13 2018고합59
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

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, at around 23:30 on June 2, 2018, the Defendant, without any reason, went to the election management commission on the iron fence at the location of the 7th local election D candidate E and candidate F’s election without any reason, and damaged the Defendant’s tear by hand.

Accordingly, the defendant damaged the poster under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on damaged posters;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The scope of the reasons for sentencing under Article 59(1) of the Criminal Act (see the following reasons for sentencing): The scope of the recommended sentencing based on the sentencing guidelines of KRW 50,000 from KRW 50,000 to KRW 4,000: no sentencing guidelines are set.

The crime of this case in which the defendant committed the crime of this case, without good cause, is deemed to have taken or removed a poster according to the Public Official Election Act by hand or has removed the poster, and such crime may impair the right of the elector to know, the fairness of election, and the utility of election management.

However, the circumstances favorable to the defendant, such as the fact that the defendant is deeply against the crime of this case, the fact that there is no political intent or objective to influence the election by obstructing election campaign by a specific candidate, and that there is no criminal history against the defendant, are considered.

In addition, the defendant's age, sex, environment, family relationship, motive and background of the crime.

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