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(영문) 창원지방법원 진주지원 2018.09.06 2018고합87
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

1. On June 2, 2018, the Defendant was suffering from damage to an election banner by a candidate E of a political party D, the 7th simultaneous local election C Do Governor of the Republic of Korea, on June 2, 2018;

At the 7th simultaneous local elections CDo Governors used the knife of a candidate E for a political party D for the reason that D political party does not refuse to do so, and damaged three places in the following direction.

2. The Defendant who damaged the election banner of a candidate I for a candidate of a political party D with nationwide simultaneous local elections H 7 times, was suffering from the delivery of approximately 100 meters away from the above place on the date set forth in paragraph (1) above to G school lecture distance.

On the 7th simultaneous local election campaign, D political parties did not refuse to hold a banner of a candidate I for a candidate of H political party D throughout the country, and the Defendant used the knife for the reason that the above banner was caused by the Defendant’s head, and damaged 8 places in the following direction:

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of the Acts and subordinate statutes to photographs by destroying an election banner, a suspect's platform and photograph, and by capturing a video;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as stated in paragraph (2) of the same Article with a heavier penalty);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

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

1. Fines of 50,000 to 6 million won within the applicable sentencing range by law; and

2. The scope of the recommended sentencing criteria is not set.

3. The Defendant, without justifiable grounds, has damaged the elector’s right to know, the fairness of election, and the utility of the election management by destroying the elector’s electoral banner under the Election of Public Officials Act.

In particular, the defendant reveals his counter-defluence to a specific political party.

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