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(영문) 부산지방법원 2018.10.05 2018고합353

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

The Defendant is a person who engages in the business of manufacturing and installing banner under the trade name of “C”.

No one shall post a banner of a candidate by passing along a road defined in Article 2 of the Road Traffic Act.

Nevertheless, around 08:00 on May 31, 2018, the Defendant posted the 7th simultaneous local election at the front of the laundry located in Busan, at the same time, one banner of an election banner of a candidate I for H members belonging to the Busan Metropolitan City F District G political party in the Busan Metropolitan City, and up to 14:00 on the same day, up to 14:00 on the road of the Busan J branch, one banner of the I candidate's election at the front of the laundry road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on the commencement of internal investigation (the No. 2,9 of the evidence list), and report on internal investigation (the No. 4,6 of the evidence list);

1. Photographss of an election banner (in the face of a violation), photographs of a violation banner, and on-site photographs (the number No. 5, 12 of the evidence list);

1. Requests and replies for cooperation in investigation and the application of statutes in cadastral map;

1. Article 256 (3) 1 (a) and Article 67 (3) of the Act on the Election of Public Officials for the Prevention of Criminal Crimes, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which aggravated punishment for one concurrent crime;

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. Scope of applicable sentences: Fines of 50,000 to KRW 6,000,000;

2. The sentencing criteria are not set for the instant offenses.

The Defendant violated the method of posting banner under the Public Official Election Act, and installed a banner on the road.

In order to ensure the fairness of the election, this crime is likely to undermine the purpose of the Public Official Election Act that strictly regulates the methods of election campaigns, and affect the right decision-making of the candidates for the election district, so that the responsibility of the defendant is not easy.

However, the defendant asks people to post a notice at a conspicuous place.