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(영문) 인천지방법원 2017.08.18 2017고합369
공직선거법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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.

On April 21, 2017, from around 20:30 to around 24:00, the Defendant headed the 19th presidential election, and damaged the poster by exposing the face of the 19th presidential candidate and D candidate in front of the Social Welfare Center located in the direction of Gyeyang-ro 102, Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, at the south side of the wall, by removing the poster of the 19th presidential candidate who was lawfully established by the Incheon Gyeyang-gu Election Management Committee on the floor.

In addition, from around 00:00 on May 8, 2017, the Defendant destroyed the poster by means of tearing the key and the face of the candidate in possession of the poster, such as the poster as indicated in the attached list of crimes, from that time, and damaged the propaganda facilities of the 19th presidential election through eight times in total, such as destroying the seat of the candidate printed on the banner in the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Protocols of seizure (voluntary submission, No. 16 No. 5 of evidence list), list of seizure (No. 17 of evidence list);

1. The screen (9 No. 7 and 9), on-site photographs, damaged election poster photographs, poster photographs, and damaged photograph of each election poster by cutting down each CCTV image;

1. The investigation report (the place of the crime, the posting of the poster for election, and the attachment of materials), the investigation report (the on-site investigation No. 10 of the list of crimes), the investigation report (the on-site investigation No. 10 of the list of crimes), the investigation report (the on-site investigation No. 14 of the list of crimes), the investigation report (the on-site investigation No. 15 of the list of crimes), the investigation report (the on-site investigation No. 17 of the list of crimes), the investigation report (the on-site investigation No. 18 of the list of crimes), and the investigation report (the on-site investigation No. 19 of the list of crimes).

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