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(영문) 인천지방법원 2019.01.11 2018고합659

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 is a person who operates a "C carpet" on the first floor of the Seo-gu Incheon building B, and D is an employee of the above carpet.

No one shall obstruct the preparation, posting, posting, posting or installation of posters, placards or other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

1. On May 31, 2018, at around 12:40, the Defendant removed, on the front of the 7th election of the head of the e-government office, the banner installed by the F for the e-election of the head of the e-government office, by means of breaking the string of the banner.

2. At around 12:50 on the same day as D, the Defendant conspiredd to remove the above Kaf, which was installed by the candidate H of the 7th local election district G election district, which was installed in front of the above Kafs, to remove the Kafs, and the Defendant leased the Kafs at the Kafs adjacent to the Kafs, and D removed the tafs by means of cutting the tafs connected to the lafs at the Kafs.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A statement of damage of I;

1. Summary statement from J;

1. Application of the Acts and subordinate statutes attached to each field photograph, on-site interview, and attachment of photographs on the scene of crimes, and the CCTV photographs for additional crimes;

1. Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act and the selection of fines for criminal facts;

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

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. In the car page operated by the Defendant, the Defendant, who had no intention, attempted to temporarily remove the banner that applied to the above car page prior to a clerical error in time. There was no political intent, purpose, or intention to ultimately damage or remove the banner. Therefore, the Defendant had intention to commit the instant crime.