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(영문) 부산지방법원 동부지원 2016.10.21 2016고합99
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, damage, or remove any poster, placard or other propaganda facilities under the Public Official Election Act without any justifiable reason.

Nevertheless, on April 2, 2016, at around 16:15, the Defendant damaged the poster under the Public Official Election Act by opening five posters from the wall to the 20th National Assembly member election campaign, which was attached to the wall of the above apartment, for the reason that he did not want to see him, in front of the 101-dong 101-dong, Daegu Metropolitan City Shipping-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (to file a report on a field identification), a criminal investigation report (to attach printed out of a screen by cutting a vehicle black box image screen), a criminal investigation report (to attach a vehicle black box and video CD), and a criminal investigation report (to attach a written personal confirmation);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The crime of this case does not set the sentencing guidelines. 3. The Defendant, who was sentenced on March 3, 200, damaged campaign posters under the Public Official Election Act without justifiable grounds, thereby impairing the right of voters to know, impairing the usefulness of election management, etc.

This is disadvantageous to the defendant.

The Defendant, while making a confession to commit the instant crime, is against himself.

It seems that the defendant did not have a malicious appraisal about a specific candidate, and there is no political intention or purpose to influence the election.

This is the circumstances favorable to the defendant.

This case’s circumstances, such as the above unfavorable circumstances, favorable circumstances, and other circumstances after the crime.

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