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(영문) 청주지방법원 2020.06.26 2020고합84
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 one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

Nevertheless, on April 4, 2020, the Defendant thought that D, a candidate for the 21st National Assembly member election campaign, did not properly observe the pledge at the time of his employment as E in the past at the time of the 21st National Assembly member election campaign, at around 05:50 on Apr. 4, 2020, and distributed a blue press on the photograph and symbol number of D candidate among the 21st National Assembly member election campaign posters posted on the fence.

Accordingly, the Defendant damaged posters under the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Damage of campaign posters at the site of the case;

1. Application of the Acts and subordinate statutes by capturing CCTV images at the scene of crime;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. Scope of recommending sentencing criteria: The fact that the sentencing criteria are not set.

3. The crime of this case where a sentence of sentence is to be pronounced is that the Defendant, who is dissatisfied with the candidate for a National Assembly member, damages the poster under the Public Official Election Act, thereby infringing the right of the licensee to know, hindering fair election campaigns, and impairing the efficiency of election management.

However, there was a political intention that the defendant repents the defendant's wrong, commits contingent crimes, and the defendant is willing to influence the election.

It does not seem that the poster was damaged with the intention of interfering with election campaigns, and the fact that the defendant has no record of punishment for the same criminal record shall be considered as favorable circumstances, and the character, conduct, environment, family relationship, motive and means of crimes, and crimes.

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