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(영문) 대구지방법원 김천지원 2018.11.13 2018고합77

공직선거법위반

Text

The sentence against the accused shall be 1.5 million won.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

Criminal facts

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

1. On June 9, 2018, the Defendant damaged the banner by making the end part of one copy of one copy of one banner for public relations relations of candidates E of the 7th simultaneous local elections (former Siwon) installed at the Gu-si, Gu-si, Si-si, Gu-si, Seoul around 04:45, and then damaging the above banner by means of tearing, tear, etc.

2. Damaging posters;

A. On June 6, 2018, the Defendant: (a) removed a chapter of E’s campaign campaign campaign campaign poster, posted at the seat of the F Housing Center in the Gu and Si F Housing Center; and (b) destroyed it by dumping it into the neighboring garbage box.

B. Around June 7, 2018 to June 8, 2018, the Defendant damaged a copy of E’s campaign campaign poster posted on G apartment site in the Gu-U.S., G, and hulled rice at the place, in the same manner as the written in paragraph A.

(c)

At around 06:35 on June 11, 2018, the Defendant damaged E’s campaign campaign posters posted at the F Housing Center around the F Housing Center as described in the paragraph (a) above, and at the same time, the Defendant damaged E’s election campaign posters in the same manner as described in the paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and E;

1. Application of Acts and subordinate statutes to internal investigation reports [Attachment of the CCTV images-cape photograph (as of June 18:35, 200), attachment of photographs, such as poster damaged pages, etc. to the suspect, attachment of CCTV images, attachment of CCTV images, and attachment of CCTV images to the CCTV images];

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a violation of the Election of Public Officials Act, the largest penalty for concurrent crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act (when a suspended sentence is invalidated or revoked, and a fine is not paid) of the Criminal Act;

1. The scope of punishment by law: