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(영문) 부산지방법원 2013.04.05 2013고합76
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall damage posters, placards or other publicity facilities under the Public Official Election Act without any justifiable reason.

1. On December 1, 2012, the Defendant: (a) around 08:00 on December 1, 2012, in front of the election campaign liaison office of the candidate CD located in Seo-gu, Busan; (b) on December 1, 2012, the Defendant written a abortion stating that the Defendant “new waste” was “new waste” on the election banner of the candidate, which is installed at the same time, by using a verification-type pen that D candidates did not want to do so.

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

2. On December 16, 2012, the Defendant, at around 08:00 on December 16, 2012, issued a shot letter, stating that the Defendant is “dequantable wastes” on the D candidate’s election tax vehicle (E1 ton truck) that was parked in the same place with a verification-type pen that D candidates did not want to do so in relation to the 18th presidential election.

Accordingly, the defendant damaged the propaganda facilities of the D candidate under the Public Official Election Act without any justifiable reason.

3. On December 16, 2012, the Defendant: (a) destroyed signboards of the election campaign liaison office as of December 16, 2012; (b) stated in Paragraph (1) around 08:0 on December 16, 2012; and (c) stated that the Defendant’s sign of the election campaign liaison office, which was installed in the election campaign liaison office using a verification-type pen that D candidates did not refuse to do so, sent a sworn report stating that the Defendant “swornly worn-out and worn-out remains.”

Accordingly, the defendant damaged the propaganda facilities of the D candidate under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Investigation Report (general) - Attachment of photographs, such as damaged placards, investigation report (general) - Application of the statute to inquiries in violation of election laws;

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

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