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(영문) 대구지방법원 경주지원 2018.12.20 2018고합58
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a bus driver belonging to the agency B, who is in charge of the duties of students, etc. by using buses in D schools, which are disabled persons in the field of persons with disabilities in D, which are in the field of Sim-si.

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

Nevertheless, the Defendant, at around 07:50 on June 1, 2018, at the bus stops located in the racing-si, destroyed one string of the banner for the above election publicity at the same place as on June 4, 2018, on the ground that the banner for the public relations of the above election cannot be cut off the wheelchairs H installed in the bus on the bus because of the fact that the banner for the public relations relations of the above election cannot be cut off. On the same ground, at the same place as on June 4, 2018, the Defendant again installed the banner for the public relations of the election at the election office, and damaged it by using the strings in the bus for the above reason.

Accordingly, the defendant damaged the election banner on two occasions without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

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

1. On-site report (Attachment of On-site photographs) - Three on-site photographs, internal investigation reports (Attachment of the CCTV images fix), - photographs, investigation reports (Attachment of On-site photographs), 4 copies of photographs, investigation reports (Attachment ofCCTV image CDs), - Application of CD 1, Chapter 1 of the CD, and Act and subordinate statutes on site photographs.

1. Article 49 (1) of the Act on the Self-Governing of Local Education concerning facts constituting an offense, and Article 240 (1) of the Public Official Election Act (excluding punishment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed by the Local Education Autonomy Act as of June 1, 2018, heavier punishment for concurrent crimes);

1. Suspension of sentence (the suspended sentence: fine of 500,000 won) Article 59 (1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing);

1. The Criminal Act to attract a workhouse;

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