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(영문) 광주지방법원 목포지원 2018.10.11 2018고합63
공직선거법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the husband of D who is a candidate of the head of the Gun branch nationwide at the seven times on June 13, 2018, which was implemented on June 13, 2018, and the defendant B is the father of the defendant A.

On June 12, 2018, the Defendants reported the banner of a candidate H of G political party C head of G political party, which was established in front of the F elementary school located in Nam Nam, and expressed that the contents of the said banner are the result of the public opinion poll conducted from June 2, 2018 to June 3, 2018, which was prior to the period during which the public opinion poll is prohibited, and thus, did not violate the Public Official Election Act, the Defendants considered it as a banner with the contents of the public opinion poll published in violation of the Public Official Election Act, and were willing to remove it.

On June 12, 2018, from around 19:00 to 21:30 of the same day, the Defendants removed the banner which was caused by cutting the line connected to the banner in the front of the first preparation by Defendant A, and Defendant B removed nine banners of the G Party C heading candidate H’s election, by intending to pass along with Defendant A and remove the banner together with Defendant A, or attaching a photograph that Defendant A removes the banner.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police to J;

1. Report on internal investigation (with respect to the details of the receipt of the report and internal investigation matters), internal investigation report (with respect to the removal of a banner by a candidate H of the G political party C/C), internal investigation report (with respect to the removal of a video file against a suspected suspect A/B election banner), investigation report (to hear the statement at the seat of the K Line C/C official guidance);

1. 112 Reporting case handling table;

1. Data on the ship officer’s surface;

1. Photographs of a removed banner;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 240(1) of the Election of Public Officials Act, Article 30 of the Criminal Act (generally, the choice of imprisonment);

B. Defendant B: Article 240(1) of the Election of Public Officials Act and Article 30 of the Criminal Act (a comprehensive determination of fines).

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