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(영문) 대전지방법원 2020.11.19 2020고합345
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 one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

On April 11, 2020, the Defendant damaged the campaign posters in front of the Daejeon Seo-gu B apartment Cdong, Daejeon under the Public Official Election Act, on his hand without any particular reason, stating a candidate’s photograph, name, mark, etc. in the election for the National Assembly member of the 21st century, which was attached by the Daejeon Election Commission under the Public Official Election Act.

Accordingly, the Defendant damaged posters, placards and other propaganda facilities under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Application of the police's protocol of statement to D of the defendant, copy of CCTV image, and A's photographic Acts and subordinate statutes to the defendant's legal statement;

1. Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be set.

3. Determination of sentence: A fine of KRW 700,000 has damaged the poster of a specific candidate for the election of a National Assembly member without justifiable grounds, which constitutes an offense that impairs the right to know about the elector, fairness of election, and efficiency of lawful election management;

On the other hand, the defendant shows his attitude to recognize and reflect the crime of this case.

It seems that the defendant did not commit the crime of this case in order to influence the election for political purposes.

A defendant shall not have any record of criminal punishment for the same kind of crime, except for fines imposed due to violence, insult, etc.

The defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime are committed.

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