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(영문) 수원지방법원 안산지원 2018.11.16 2018고합200
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

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

Nevertheless, around 06:00 on March 30, 2018, the Defendant reported the propaganda facilities installed on the office exterior walls of E (F constituency) by the preliminary candidate for the election of local election D members at the 1st floor of the C Building 7 times nationwide at the top of the 1st floor of the C Building, and indicated a red frame on the above mix "X" on the ground that it is inappropriate for the Defendant to go out of the Si Council.

Accordingly, the defendant damaged publicity facilities under the Public Official Election Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Copies of photographs damaged to publicity facilities of outer walls;

1. A copy of the CCTV image data for crime;

1. The defendant and his defense counsel asserts that two CCTV video materials only G station area Scelen Scele one [the defendant and his defense counsel cannot punish the act of damaging the CCTV on the premise that the above propaganda facilities constitute “scelebs” where preliminary candidates cannot be established under the Election Act.

According to the above evidence, the above promotional facilities were entirely posted at the entrance of the first floor of the election campaign office with the preliminary candidate's photograph and letter printed materials. In full view of the above promotional facilities' material, shape, display contents, location of attachment, etc., it is reasonable to view that the above promotional facilities are "stampers" where a preliminary candidate can be installed pursuant to Article 60-3 (1) 1 of the Public Official Election Act.

The above assertion by the Defendant and the defense counsel on the premise different from this premise is rejected (the written indictment is written as “sleep,” not “slick,” but “slick,” but the prosecutor can install a preliminary candidate under the Public Official Election Act on the premise that it constitutes “slick,” on the premise that it constitutes “slick,”

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