공직선거법위반
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
At around 00:12 on May 24, 2014, the Defendant removed the above election banner and stored it in the underground warehouse of the above restaurant building, on the ground that: (a) the Defendant’s election banner of the E-party Do Council candidate F (a) was 6m, vertical length 1.2m; and (b) the Defendant’s election banner of the E-party Do Council candidate F (a 6m, vertical length 1.2m, hereinafter referred to as “F”) installed in the utility station located in the utility station, in relation to the 6th nationwide election of Dong-si local government, which was held on June 4, 2014.
Accordingly, the defendant removed the banner under the Public Official Election Act without any justifiable reason.
Summary of Evidence
Defendant’s legal statement
The crime of this case on the reason for sentencing of Article 70(1) and Article 69(2) of the Criminal Procedure Act on the provisional payment order of Article 334(1) of the Act on the Election of Public Officials(hereinafter referred to as “the Criminal Procedure Act”) for the police statement of G, on-site photographs and photographs, and on-site photographs of CCTV photographs, and on-site criminal facts subject to the application of CCTV-related Acts and subordinate statutes, the crime of this case on the reason for sentencing of Article 70(1) and Article 69(2) of the Act on the Election of Public Officials(hereinafter referred to as “the Criminal Procedure Act”) is to remove the election banner of a candidate for a local election without justifiable grounds
However, the Defendant has no political intent or purpose to remove public relations banner installed in front of his/her restaurant, and there was no political intent or purpose to influence the election, the Defendant recognized his/her mistake, against himself/herself, and considered favorable circumstances, such as the fact that the Defendant does not want the punishment of the Defendant for reporting after installing an election banner, and other circumstances shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into account the following circumstances.