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(영문) 수원지방법원 안양지원 2016.09.30 2016고합108
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000, respectively.

Where the defendant does not pay the above fine, each 100.

Reasons

Punishment of the crime

On April 13, 2016, the Defendant, as a person supporting the candidate D for the 20th election constituency C election of the National Assembly member, tried to remove a banner already attached to the other party candidate's seat from the 01:00 election day to the place near the polling station, and to make the candidate elected, the Defendant tried to remove the banner already posted in another place to move to the place near the place where the voters vote, and ordered the E, F, G, H, I to enter it into the D National Assembly office located in J, and to move the existing banner to the place where the voters vote.

After that, at around 01:29 on the same day, the Defendant removed the banner of the D candidate’s “N”, attached to the “N,” which was attached to the “N,” which is located in K, from the same day, and posted it on the “P elementary school,” which is located in the place adjacent to the polling station, and then moved up a banner to the effect of propaganda of the D candidate for the same purpose at a total of six places from around that time to around 02:33 of the same day as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant carried out an election campaign in collusion with the above E, F, G, H, and I on the election day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the F, E, I, G, and H;

1. The application of the Acts and subordinate statutes to the notification of investigative data, control photography photographs, internal investigation reports (verification of the time of posting a banner -CCTV, and the posting photographs of banners);

1. Article 254(1) of the pertinent Act on criminal facts, Article 254(1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment, and Article 30 of the Criminal Act (a comprehensive concurrent crime, but it is reasonable to view it as a comprehensive crime;

(Selection of Fines)

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

1. The scope of applicable sentences under the law for sentencing under Article 334(1) of the Criminal Procedure Act, which is applicable to the order of provisional payment: A fine not exceeding 6 million won;

2. Application of the sentencing criteria [types].

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