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(영문) 대전지방법원 천안지원 2018.10.24 2018고합175
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 defendant is a person who is engaged in the removal of banners with the authority to regulate and remove illegal dynamic advertising advertisements granted by the office of Eup/Myeon in Seo-gu, Seo-gu, Seoan-gu.

No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without any justifiable reason.

Nevertheless, for the purpose of receiving the cost of removing banner (1,000 won per head) from the Defendant, the Defendant removed, around June 13, 2018, the Defendant removed, by putting up both fixed strings that support the said banner, the election campaigns of candidates for the F constituency G in the election of the National Assembly members of the Yanan City Council, located in the front pents located in North-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, D on June 13, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of the Acts and subordinate statutes concerning CCTV image data and CCTV images-faging management data of a control center;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The crime of this case by a fine of KRW 50,000 is deemed to have been removed by the Defendant under the Election of Public Officials Act without any justifiable reason, and the above act is not less complicated in that it harms the right of the elector to know, the fairness of election, and the utility of election management.

On the election day, the banner removed by the crime of this case was not installed again, and the party involved in the election campaign of the removed banner is seeking the punishment of the defendant.

On the other hand, the defendant recognized the error as a whole and runs a profoundly against the defendant.

The defendant.

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