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(영문) 제주지방법원 2014.08.07 2014고합87

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

On May 24, 2014, at around 03:50, the Defendant damaged the center part of the banner on the ground that the banner (a 8m, vertical 0.6m, content e.) on the candidates for the Celection district of Jeju Special Self-Governing Province, which was set up at the place under the influence of alcohol, was galpted in Jeju Island, and was in possession on the ground that it was galpted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Investigation reports (Attachment of photographs at the scene of damage, and confirmation of banners under the Public Official Election Act);

1. Application of the statutes governing photographs at the time 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. The crime of this case where the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, damages the elector’s right to know, the fairness of election, the utility of lawful election management, etc. cannot be deemed to be negligible in light of the purpose of legislation of the Public Official Election Act.

However, the defendant recognized the crime of this case and reflects his mistake, the defendant has no record of being punished for the same kind of crime, and the defendant enters the main points after visiting the main points of his operation, and the defendant listens to the statement that he was about about the crime of this case which he committed the crime of this case in a manner that he did not have any political intent or purpose to influence the election as he committed the crime of this case, and there was no other political intention or purpose to affect the election as he committed the crime of this case, and all other circumstances that are conditions for the punishment as shown in the records and arguments of this case, such as the defendant's age, character, character, environment, and conditions before and after the crime.