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(영문) 대전지방법원 2014.12.18 2014고합420

공직선거법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The defendants are friendly people with no certain occupation.

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

Nevertheless, at around 01:42 on May 29, 2014, the Defendants were suffering from the utility poles from the Seo-gu, Daejeon Elementary School located in the Jung-gu, Jung-gu, Daejeon, Daejeon. (A) “(A) F candidate election banner (the inspector),” “B candidate election banner (the inspector),” and “the third party candidate election banner (the inspector M) in the Jung-gu, Jung-gu, Jung-gu, Daejeon.”

As a result, the Defendants conspired to damage the above 3 banners on the election without any justifiable reason.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement about N,O, or P;

1. A photograph at the damaged scene (or at the damaged scene of an election banner);

1. A photograph of a log used by the suspect B for putting a fire on an election banner;

1. The CCTV screen to be cut at the scene of a crime;

1. Application of the Acts and subordinate statutes to the screen by cutting off nearby CCTVs;

1. Relevant Articles of the Act on Criminal Crimes and the Defendants’ Selection of Punishment: Article 240 (1) of the Public Official Election Act and Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is not exceptionally imposed in that the Defendants conspired to damage the elector’s right to know, the fairness of election, and the utility of election management without any justifiable reason. However, the Defendants’ mistake and reflect in depth.