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(영문) 대구지방법원 2018.07.20 2018고합255
공직선거법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 9, 2018, the Defendant: (a) committed the crime at around 03:02 around 03:02, on June 9, 2018, destroyed the banner by putting one stop of “underline for one side of one side to a polling station” for an election of the committee for election management established at the same place, using a disposable gate, which was in front of the street in D, located in North-do C, at around 03:02, at around 03:02.

2. On June 9, 2018, the Defendant continued to commit a crime on or around 03:06, on June 9, 2018, destroyed the said banner by putting one banner for an election banner to the candidate I (J party, election) for the H constituency of the G Council member established in the front of the “F cafeteria” located in North-do E on June 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs, CCTV image data and estimates;

1. Application of Acts and subordinate statutes to report on the occurrence of a violation of the Act on Election of Public Officials, report on internal investigation (verification of the fact of damage on the spot conditions, statements of witnesses, suspected persons being suspected, 1, 2th banners);

1. Article 240 (1) of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting a crime;

1. The aggravated punishment for concurrent crimes is 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 the violation of the Public Official Election Act concerning facts of paragraph (2) of the same Article which are heavier than the aggravated punishment);

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

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

1. Scope of punishment by law: A fine not exceeding six million won;

2. Scope of the recommended punishment according to the sentencing guidelines: The sentencing guidelines are not set. 3. The Defendant damaged the method of attaching a banner in accordance with the Public Official Election Act without justifiable grounds, thereby impairing the right of electors to know, the fairness of elections, and the usefulness of election management.

B. A place where an election banner is located is a place where the passage of the general public is frequent, and the degree of damage caused by an election banner is not easy.

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