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(영문) 울산지방법원 2018.08.31 2018고합159
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 5, 2018, the Defendant reported a banner of a candidate E of the Superintendent of the Office of Education established to publicize the election of the superintendent of the Office of Education of Ulsan Metropolitan City in front of the D library located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul on June 5, 2018, and possessed it without justifiable grounds.

One time of using a banner, thereby putting a part of the banner on the banner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of banners and CCTV screen pictures;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was examined, and the crime of this case was committed by the Defendant, without any justifiable reason, by damaging the elector’s right to know, the fairness of election, and the utility of election management, etc., by impairing the elector’s right to know, the impartiality of election, and the fact that the nature of the crime and the criminal administration are not easy, considering the circumstances unfavorable to the Defendant.

On the other hand, the defendant appears to have committed any contingent crime in a drinking room without any intention to interfere with a political intention or election campaign that intends to influence an election, and there are circumstances favorable to the defendant, such as the fact that the defendant committed a crime, committed a violation of his depth while being involved in the crime, and the primary offender, etc. In addition, taking into account all the sentencing conditions in the arguments of this case, such as the size, method, degree, degree of damage of banner, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered.

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