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(영문) 대전지방법원 2014.12.11 2014고합379
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

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

Nevertheless, at around 11:00 on May 22, 2014, the Defendant: (a) set the knife of an election banner of a candidate F of the E Party affiliated with the E-Party, which was going out in the election of the Daedong-gu Daejeon, for the purpose of June 4, 2014, on the ground that the above mobile phone sales signboard is set up; and (b) set the knife with the knife onto the knife tape on the knife, using the knife knife knife knife knife knife of the above banner.

Accordingly, the defendant damaged the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (attaching photographs to install banners) and report internal investigation (Attachment to field photographs);

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case where the Defendant damages the elector’s banner on the ground that he puts his mobile phone sales signboard, which is not an exceptional crime in that it harms the elector’s right to know, the fairness of election, and the efficiency of election management.

However, considering favorable circumstances, such as the fact that the defendant repents his mistake and reflects his depth, that the defendant committed the crime of this case with a chance to obstruct his business, and that the defendant seems to have no political intent or purpose to influence the election, and that there is no other conditions of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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