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(영문) 부산지방법원 2016.08.26 2016고합400
공직선거법위반
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 31, 2016, at around 14:23, the Defendant, at the 20th election of the National Assembly member of the 20th National Assembly located in Busan, located in the lane prior to the election of the 14:20th National Assembly members of Busan, the Defendant: (a) reported a banner of the G candidate’s election (hereinafter “G-U-U-U-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

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

2. On April 6, 2016, around 05:39, the Defendant: (a) reported that the Defendant was placed again on the two-lane change of the banner of the G candidate’s banner (hereinafter “G-free, i.e., the mination of the so-called “D”), which was damaged by the Defendant (hereinafter “W”), and (b) reported that the Defendant was placed again on the two-lane change; and (c) used the kacker knif in possession, the said banner was cut up seven times below, and was well aware that the said banner was fixed.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation and investigation (No. 1 through 4, 6 through 13, 15 through 18, 23, 27, 28)

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing criteria are not set for offenses on the grounds of sentencing under Article 48(1)1 of the Criminal Act.

1. Scope of punishment: Fines of 50,000 to 60 million won;

2. Posters for an election established under the Election of Public Officials Act without any justifiable reason; and

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