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(영문) 수원지방법원 2017.07.20 2017고합309
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 justifiable grounds.

1. On April 28, 2017, at around 01:39, the Defendant was attached to the fence in front of the World Medmond Mu apartment commercial building located in Suwon-si, Suwon-si, and where the Defendant was attached to the fence.

The 19th presidential election campaign poster was damaged by using a studner, which possessed the poster for the election of the candidate for the election of the 19th presidential election, to punish the part from the beginning to the end.

2. The defendant was installed on the same day at the street in front of the apartment 3 01:42 above apartment units.

The election banner of the 19th presidential election C candidate was damaged by making the 19th presidential election banner be punished in the same way as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (affixing damaged photographs or CCTV images related to damage to election posters);

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a violation of the Election of Public Officials Act, which has hot holding that the circumstances are more severe);

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

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

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. Whether the sentencing criteria are applied: Decision not to set the sentencing criteria;

3. The Defendant, without good cause, destroyed election posters posted on the wall surface of a public place, thereby impairing the right of voters to know, and the efficiency of election management.

However, the defendant seems to have committed the crime of this case in the state of drinking and purely passing the judgment power, and it appears that there was no objective of obstructing political intent or election campaign to influence the election.

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