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(영문) 대구지방법원 2018.09.07 2018고합309
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 interfere with the preparation, posting, posting 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.

On June 11, 2018, the Defendant was attached on the street in front of the D cafeteria located in Yongcheon-si, Yongcheon-si, Incheon-si, a candidate F for the E Party, attached a motor vehicle sign for the election poster to which the election commission received from the election management commission, on June 11, 2018, on the strings for passenger vehicles and the strings.

F The fourth chapter of the F's campaign poster was removed from the hand on the ground that the vehicle seems to be dissipated and damaged to the nearby flower.

Accordingly, the defendant damaged the poster under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the provisional payment order.

1. The scope of punishment: Fines not exceeding 4,000,000 won;

2. Crimes which damage posters for decision-making of an election shall be those which harm the right of electors to know, the fairness of election, and the efficiency of election management, and whose liability for such crimes is not easy in light of the legislative intent of the Public Official Election Act;

The defendant's age, occupation, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the text.

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