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(영문) 서울남부지방법원 2018.10.11 2018고합366
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

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, around 16:02 on June 6, 2018, the Defendant released the posters of the above F candidate, which were attached at the 7th simultaneous local election E political party candidate F, on the ground that the pledge of the Seoul Seoul Metropolitan Government Party candidate F was not in mind, and damaged by means of putting them away.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of a CCTV taken on the face of a crime;

1. - The application of CCTV screen CDs, - The application of Acts and subordinate statutes to photographs on scene of crime.

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, infringed the right of electors to know, the fairness of election, and the utility of election management by blocking the instant crime.

However, the defendant, as the first offender, recognized his mistake and reflected his mistake.

It seems that the defendant did not have any political intention to influence the election, or did not have any purpose to interfere with the election campaign of a specific candidate.

In addition, the sentencing sentence shall be determined by comprehensively taking into account the various sentencing factors indicated in the records and theories of the case, such as the defendant's age, sex, circumstances after the crime, and means and methods of the crime.

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