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(영문) 의정부지방법원 2014.12.04 2014고합327

공직선거법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a candidate for a member of D who was going to the 6th nationwide local election district, which was held on June 4, 2014.

A candidate may put up one banner for each Eup/Myeon/Dong in the relevant constituency for an election campaign, and shall put up a banner at the time of putting up it on it, and shall put up a sign granted by the competent Gu/Si/Gun committee.

On June 1, 2014, the Defendant posted five banners without an election sign issued by the H Election Commission for the Defendant’s election campaign, at E, F, and G, each of which was already posted for the Defendant’s election campaign, at around 1, 2014. However, the Defendant posted three banners without an election sign issued by the H Election Commission, and up to 29th of May 24, 2014, posted one banner without an election sign issued by the H Election Commission for the Defendant’s election campaign. < Amended by Act No. 1257, May 24, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. A written accusation by the H Election Commission;

1. An application for re-issuance of a sign, such as a guide guide letter on banners, a public notice on election law guidance on moving posts for banners, a public notice on an order to remove illegal facilities, a receipt certificate of official document, a confirmation letter on posting a banner, a certificate of the fact of posting a banner, and an application form for re-issuance of a

1. Application of Acts and subordinate statutes on banner photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 256 (3) 1 (a) and 67 (1) of the Public Official Election Act (the point of posting placards violating each restriction and the selection of fines);

2. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment prescribed in the Public Official Election Act due to the posting of banner at a place which is not the largest Celection district, referring to the aggravation of concurrent crimes);

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to ensure that elections are fair in accordance with the free will of the people and democratic procedures.