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(영문) 의정부지방법원 2018.10.12 2018고합273

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On June 2, 2018, around 10:49, the Defendant discovered that a banner of F’s election campaigned by the candidate F for the government council members of a political party E at the 7th simultaneous local election at the same time on the roadside of “D,” which is operated by the Defendant, was installed on June 2, 2018, and removed one of the above placards by cutting the knife to the knife of the knife with the knife of the Defendant’s operation, considering that the knife might hinder the Defendant’s operation and the knife of the Defendant’s operation.

Accordingly, the defendant removed the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to report internal investigation (report on the progress of investigation), CCTV photographs of buses, internal investigation reports (suspect A telephone conversations) No. 230, and investigation reports (to listen to the reporter's statement with a mark of seal of approval on the line of the banner for each election campaign)

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of applicable sentences under law: Fines of 50,000 to 40 million won; and

2. Application of the sentencing criteria: The sentencing criteria are not set; and

3. The Defendant, in accordance with the Election of Public Officials Act, removed the banner by means of cutting the string strings, fixing the banner on the knife at 30 minutes, recognizing that the banner under the Election of Public Officials Act is installed in front of the safety points in the Defendant’s operation.

However, the defendant shows his attitude to recognize and reflect the crime of this case, and there was no record of punishment prior to the crime of this case.

The circumstances that the above banner was installed in a state where the front point of the Defendant’s operation was located, and the banner removed by the Defendant was intended to obstruct the election campaign of a specific candidate against the Defendant, and to interfere with the election campaign of the specific candidate.

There is also no reason to see.