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(영문) 춘천지방법원 2017.09.08 2017고합74
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 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 justifiable grounds.

1. On April 24, 2017, at around 04:00, the Defendant was attached to a railing at two thousands of the D cafeteria in front of the D cafeteria located in Chuncheon City around 04:00

The face of the F candidate election poster once the 19th presidential election sign E was damaged by hand by knife.

2. On April 26, 2017, the Defendant damaged F candidate election posters at the same place as Paragraph 1, at around 04:00.

3. On April 30, 2017, the Defendant damaged F candidate election posters at the same place as Paragraph 1, at around 04:00.

4. On May 2, 2017, the Defendant damaged F candidate candidate election posters at the same place as Paragraph 1, at around 04:00.

5. On May 4, 2017, the Defendant damaged F candidate election posters at the same place as Paragraph 1 of the same Article at around 04:13.

Accordingly, the Defendant damaged the poster at least five times in total without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Posters, damage photographs, reports on the results of field meals, and criminal land;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. Scope of recommending punishment: Omission of sentencing criteria; and

3. Determination of sentence: The defendant has damaged the poster of a specific candidate attached to the same place five times over the same time, and the legislative purport of the Public Official Election Act to protect the elector, such as the right to know about the elector, the freedom of election campaign and the fairness of election, the utility of legitimate election management, etc. is to be made.

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