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(영문) 대구지방법원 영덕지원 2014.07.21 2014고합20
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 one shall damage or remove posters, placards or other propaganda facilities under the Public Official Election Act without any justifiable reason.

Nevertheless, at around 10:30 on May 24, 2014, the Defendant was posted on the wall wall of the D Hospital located in the Gyeongbuk-do Seoul.

6. 4 At the 4th simultaneous local elections E, removal and damage of seven posters, such as F (G party), H (G party, G party, I (affiliated), J (Jurisdiction), K (Jurisdiction), L (Jurisdiction), M (Jurisdiction), etc., without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to arrest the occurrence of the case, report on internal investigation (including photographs attached thereto);

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

1. The crime of this case committed by the Defendant on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act is difficult to view that the nature of the crime is light of the legislative intent of the Public Official Election Act to protect the elector’s right to know, fairness of election, utility of legitimate election management, etc.

However, in light of the favorable circumstances, such as the fact that the defendant is the primary offender, the defendant is living in depth while making a confession of the crime, the defendant does not seem to have any intention to influence the election, and the defendant seems to have weak judgment ability as a disabled person of Grade II with mental disorder, and other factors of sentencing indicated in the records of this case, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, the punishment shall be determined as ordered by taking

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