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(영문) 서울중앙지방법원 2016.06.30 2016고합481
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with or damage the preparation, posting, posting or installation of posters, placards or other publicity facilities under the Election of Public Officials Act without any justifiable ground.

On April 13, 2016, around 02:48, the Defendant damaged the Defendant’s election district Gap’s election district for the 20th National Assembly member of the Gwanak-gu in Seoul Special Metropolitan City, which was attached to the street number in front of the subway exit pursuant to the Public Official Election Act prior to the election district No. 2, Seocheon-dong 2, Seocheon-gu, Seoul Special Metropolitan City on April 13, 2016 and the candidate’s photograph, brief personal history, policy, etc. of the Gwanak-gu, Seoul Special Metropolitan City Assembly member’s election district “Seoul Special Metropolitan City Council member of the National Assembly” and the candidate’s photograph, brief personal history, and policy

Accordingly, the defendant damaged the poster under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An investigation report (a list of reports on 112 related to damage to election posters), investigation report (a list of reports approved by the person under consideration by a card at the office of the string of "E"), investigation report (a list of posters damaged photographs), investigation report (a list of card damaged photographs), investigation report (a list of card damaged photographs), investigation report (a list of card damaged photographs attached to a specific process of the suspect and at the place of the occurrence of the crime);

1. Application of CCTV video-related Acts and subordinate statutes to crime scene;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, without good cause, destroyed the poster for an election under the Public Official Election Act, thereby impairing the right of the elector to know, the fairness of the election, and the utility of the election management, etc. In light of the fact that the Defendant damaged the face of the candidate of a specific political party among the posters of each candidate, the liability for the crime is not less complicated.

However, the defendant recognized the crime of this case and is against the depth, and the political intent or specific to influence the election.

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