공직선거법위반등
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Criminal facts
On June 4, 2014, around 06:0, the Defendant brought to his house the bannered by the candidate JV of the Superintendent of the Provincial Office of Education of Jeoncheon-si, Jeoncheon-si, the Do governor of the Cparty D, Eacheon-do, the Eacheon-do candidate F, the Do governor candidate G, Jeonnam-do candidate I, the Hacheon-si candidate I, and the Jeonnam-do Superintendent of the Provincial Office of Education.
Accordingly, the Defendant removed the banner of the election for public office and the superintendent of the Office of Education without justifiable grounds.
Summary of Evidence
Defendant’s legal statement
Article 240(1) of the Public Official Election Act (the removal of a local election banner), Article 49(1) of the Local Education Autonomy Act, Article 240(1) of the Public Official Election Act (the removal of a local election banner), Article 40 and Article 50 of the Public Official Election Act (the removal of a selective fine for the superintendent of education), Article 70(1) of the Criminal Act, Article 69(2) of the Criminal Procedure Act, Article 334(1) of the Provisional Payment Order under Article 334(1) of the Criminal Procedure Act, on the grounds of the sentencing of Article 70(1) and Article 69(1) of the Criminal Act, the crime of this case is a removal of the election banner of the candidate for local election and the superintendent of education without a justifiable reason, and it cannot be deemed that the crime of this case is unfavorable in light of the legislative intent of the Public Official Election Act to protect the right of the voters, fairness in the election, and utility
Even if the number of placards removed by the defendant is not many, it is disadvantageous to the defendant.
However, considering the fact that there is no penalty power for the defendant, the defendant removed banners to receive compensation in a situation where there is no particular income for the aged 75 years old, there was no political intent or purpose to have an effect on the election, his mistake is recognized, and the fact that he reflects it, etc., the order is issued by taking into account the favorable circumstances, and taking into account the various circumstances shown in the argument of this case.