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(영문) 수원지방법원 성남지원 2021.01.21 2020고합260

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 2, 2018, the Defendant demanded suspension of construction and compensation for damage on the ground that noise and scattering dust occurs in the construction process of new construction of a new complex building in Gwangju-si, Gwangju-si, and formed D by combining C merchants, etc., and has been in charge of holding meetings as an auditor of the committee.

On April 15, 2020, the Defendant directed the Defendant to put up a banner with the contents of pressure and slandering E in order to take prior to the election of the 21st National Assembly members and to accomplish the requirements of the Countermeasure Committee, such as the suspension of construction.

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, apparatus or advertising tower, other advertising materials or facilities, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, the defendant, on January 20, 2020, will audit the 50 Gwangju City administrative office in order to influence the election of the 21st member of the National Assembly.

Continued Liberia

I believe that it will be trust.

- Shall display a banner with the content of “F Compensation--” from that time until March 17, 2020, as shown in the list of annexed crimes, to influence the election.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s written accusation of suspect interrogation protocol, statement of investigation reason, demands to observe the Public Official Election Act, receipt of official documents, materials regarding banner photographs, registration of a political party, and outdoor assembly report, in relation to G of the accused’s legal statement;

1. Relevant Article of the Act and Article 256 (3) 1 (h) and Article 90 (1) 1 of the Election of Public Officials for the Selection of Punishment for Criminal Facts (Selection of Punishment) of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 punishment by law: Fines;