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(영문) 수원지방법원 여주지원 2018.08.30 2018고합37
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

No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

Nevertheless, around June 2, 2018, the Defendant removed the two strings of the above distance banners by using a kacker knife on the ground that the distance banner of the E candidate F installed on the front road side of the “D store” operated by the Defendant in C, carried the knife of the above knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. A report on the occurrence of a disaster against an election banner, a report on internal investigation (the analysis of CCTV for crime prevention around the scene), and a report on internal investigation (the identity of the suspected person);

1. Scenes of each on-site photograph and images of CCTV for crime prevention;

1. Application of the CCTV image data storage CD-related Acts and subordinate statutes;

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: KRW 50,000 to KRW 4 million;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: A fine of KRW 700,000, the Defendant, without good cause, damaged the elector’s election banner, which is not a good crime in that it impairs the elector’s right to know, the fairness of election, and the efficiency of election management.

However, the defendant's recognition of the crime and the removal of the electoral banner on the ground that the defendant's upper signboard operated by himself is against the crime, and it seems that there was no intention to affect the election, or to interfere with the election campaign, and the candidate who installed the electoral banner does not want the punishment of the defendant, and the candidate who installed the electoral banner does not want the punishment of the defendant, and the fact that there is no particular criminal history other than the punishment sentenced once for the crime, shall be considered as favorable reasons for sentencing, and the defendant's age

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