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(영문) 창원지방법원 진주지원 2018.08.30 2018고합86

공직선거법위반

Text

The sentence of punishment against the Defendants shall be suspended separately.

The defendant is a person who has a seized tobacco package (No. 1).

Reasons

Punishment of the crime

1. Defendant A was suffering from the G apartment fence suitable for the F gas station in Jinju-si, on May 31, 2018, at Jinju-si around 04:10

No. 7 times of simultaneous local elections, the faces of the above candidate from among the election placards of candidate I (J party sign K) in the constituency of "H" constituency of the H" constituency was damaged by the method of supporting a cigaretteing.

2. Defendant B, at around 04:23 on the same day as above, at the above place, Defendant B damaged the front face of the electoral banner, which was damaged by the above Defendant B, by means of re-fluoring both visual parts of both visual parts of the candidate’s face of an election banner, which had already been placed in a boat, as seen in the above place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the police concerning L;

1. Photographss of a photograph at the scene of the occurrence of the case and a photograph of a screen image;

1. Application of the statutes on seizure records and the list of seizure lists;

1. The Defendants: Article 240 (1) of the Act on the Election of Public Officials (Appointment of Penalties)

1. Defendants to be suspended from sentence: Fines of 500,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below)

1. Defendant B: Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Defendants within the scope of applicable sentences under law: Fines of 50,000 to 4 million won each; and

2. The sentencing criteria are not set in the sentencing criteria. 3. The Defendants damaged the elector's right to know, the fairness of election, and the usefulness of election management by damaging the elector's election banner pursuant to the Public Official Election Act without any justifiable reason.

However, there is no special criminal punishment for the defendants, all of the crimes are recognized and reflected, and there is no political intent to influence certain candidates at election.