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(영문) 의정부지방법원 2018.12.14 2018고합351
공직선거법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The phrase of the facts charged was revised to the extent that it does not actually infringe on the defendant's defense right.

On June 3, 2018, the Defendant recognized the specific facts regarding “ without any justifiable reason,” which is a constituent element under the influence of alcohol in front of C in the Namyang-si, Namyang-si.

In the face of the E candidate, which is a motor vehicle for speech interview or interview of the candidate E(SPF) in the Namyang-si, Nam-si, the Guard-si, that is parked at this place, the lower part of the lower part of the right-hand side of the E candidate's face, is removed from 30 cent in width, 40 cent in length, and the detailed facts as to "damage", which is the constituent element.

The lower part of the left-hand side of the E candidate’s face attached to the outside of the loading box is removed from 80 cent in width, 30 cent in length, and 30 cent in length, and specific facts on “damage” as a constituent element are acknowledged.

Of that face, the entrance and chin part of the photograph were supported by a cigaretteing, and the tamp with the phrase “E” attached to the front part of the above cargo vehicle was removed by hand, and the driver’s seat and the chief knife of the above cargo vehicle were added by hand.

Accordingly, the defendant damaged publicity facilities under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the provisions of Acts and subordinate statutes to photographs by cutting down internal investigation reports (explosion photographs and CCTV image data, CD attachment), floating vehicles and field photographs, convenience stores, etc.;

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. The scope of punishment: Fines of 50,000 to 4 million won; and

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

3. Determination of sentence: The defendant shall be punished by a fine of one million won; and

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