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(영문) 전주지방법원 정읍지원 2016.09.21 2016고합43
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

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.

Defendants were installed at the front of E in D on April 2, 2016, at around 03:47 around 03:47

Defendant A discovered a banner for the election propaganda of candidate H in the 20th election district of F Party G in the 20th election constituency, and saw that the candidate H’s photograph posted on the banner is bad because it would be left by breaking up the Defendants, Defendant A was laid down on the left side of the banner, Defendant B left the banner by cutting down the string on the right side of the banner, Defendant C was carrying the banner away from India, Defendant C her carrying the banner up as a thrower, and Defendant B laid down the banner under E.

As a result, the Defendants conspired to damage or remove one banner of candidate H under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographss of an election to submit or damage reporting persons, and CCTV photographs;

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

1. Article 240 (1) of the relevant Act on the Election of Public Officials and the Selection of Punishment for Criminal Facts, Article 30 of the Criminal Act (Selection of Penalty)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The sentencing criteria are not set for the instant crime.

3. Determination of sentence: Each of the instant crimes committed by the Defendants with a fine of KRW 500,00,000 is disadvantageous to the Defendants since the Defendants conspired to remove or damage banner, which is a propaganda facility for the National Assembly member, and the crime that damages election posters, etc. is likely to violate the fairness of election, the right to know, etc., and thus, it is necessary to strictly punish the Defendants.

On the other hand, the defendants are university students of 20 years of age, and there is no past criminal punishment, and the crime of this case is committed.

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