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(영문) 수원지방법원 안산지원 2012.10.12 2012고합282

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 17:00 on April 7, 2012, posted on the 19th National Assembly campaign posters in front of the 19th National Assembly member campaign posters posted at the top of the mix in Ansan-si, Ansan-si., the Defendant set up a banner for selling advertisements (6m in a street, 1m in vertical length) and carried out the campaign posters.

Accordingly, the defendant interfered with posting of campaign posters under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (damages to election placards and attaching photographs, etc.);

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

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant installs a new campaign poster and sets up a campaign poster in front of the National Assembly members' campaign poster to block posting of the campaign poster without justifiable grounds. In light of the purpose of the Public Official Election Act, which protects the fairness of the election and the freedom of election campaign, the nature of the crime is not easy.

However, the defendant recognized the crime of this case and reflects his mistake, and there is no record of having been sentenced to the same criminal power or imprisonment with prison labor, and the defendant seems to have committed the crime of this case by contingently in the course of installing a new flap selling advertisement banner without intent to obstruct election, and the actual effect of the result of election seems to have been extremely low, considering the favorable circumstances for the defendant, and considering all other circumstances, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order against the defendant.