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(영문) 서울북부지방법원 2017.09.15 2017고합220
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

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, at around 14:22 on April 24, 2017, the Defendant: (a) discovered the 19th presidential election poster installed in Dongdaemun-gu Seoul, Dongdaemun-gu, 25-ro, 55, and 1st associates; and (b) found the 19th presidential election poster installed therein, and (c) found the 19th presidential election poster to be unsatisfy by the two preceding presidents; and (d) caused the Defendant to have the 7cm amount of the 5th presidential election photograph of the E candidate’s poster and the 19th presidential candidate’s photograph, respectively.

Accordingly, the Defendant damaged the poster for the 19th presidential election under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each internal investigation report (to visit the scene of damage to the poster for election, to check the surrounding CCTV, to be suspected of damaging the poster for election, to the person suspected of damaging the poster for election, and to wear CCTV in the course of committing the crime);

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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 range of punishment by a fine not exceeding four million won;

2. The sentencing guidelines are not set in the scope of the recommended sentence. 3. The crime of this case, which is the key of the defendant's possession, damages the 19th presidential election poster installed on the road pents, thereby impairing the right of the elector to know, the fairness of election, and the efficiency of election management.

Defendant has a history of punishing ten times a fine.

However, the defendant recognized all of the crimes of this case and appeared to have a political interest, such as the fact that the defendant appeared to reflect on the status of the crime of this case, and the intention to benefit a specific candidate.

Various records of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime, are shown.

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