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(영문) 광주지방법원 순천지원 2018.11.01 2018고합174

공직선거법위반

Text

Defendant

A A shall be punished by a fine of 500,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

1. Defendant A

A. On June 7, 2018, around 23:05, Defendant A removed part of a candidate’s poster of another Do branch office, which was installed at the wall of the 112-6-dong elementary school in the 112-6-dong elementary school, on his/her hand.

B. Defendant A, at around 23:09 on the same day, set up a poster installed in the 2nd apartment wall of Taeyang-gu, Taeyang-si, the 120th square, and the poster of the superintendent of education, Jeonyang-do, in his hand, left by putting some of the posters of the candidates for the council members and the poster of the superintendent of education.

As a result, Defendant A damaged and removed posters under the Public Official Election Act without justifiable grounds.

2. Defendant B removed a candidate’s poster for the branch office in his hand before he left and removed a part of it in his hands at the same time and place as Defendant B’s paragraph (a) and at the same time and place as Defendant B’s paragraph (a).

As a result, Defendant B damaged and removed posters under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Legal statement of the Defendants

1. Voluntary accompanying reports (Violation of Public Official Election Act) and internal reports (CCTV verification);

1. Application of the Acts and subordinate statutes to the poster damaged by the poster, photograph, and the poster damaged by the wall of the second apartment wall in front and in front of the middle school;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Election of Public Officials Act; 1-b)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. The scope of punishment by law;

(a) Defendant A: Fines not exceeding 6 million won;

(b) Defendant B: Fines not exceeding 4 million won;

2. Scope of the recommended sentencing criteria: The sentencing criteria shall not be set.