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(영문) 울산지방법원 2016.08.12 2016고합186
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without any justifiable reason.

On April 10, 2016, at around 08:40, the Defendant was installed with a banner for publicity of the golf instruments store operated by the Defendant in front of B apartment at around 08:40, the Defendant’s election banner (6 meters in width and 1.2 meters in length) of a candidate for the 20th National Assembly election C constituency D political party E (1.2 meters in length). The Defendant’s publicity banner is located far from the ground, and the Defendant’s publicity banner was knifeed with a knife that was in possession of the land.

E In the way of cutting two strings of a candidate's election banner, it has damaged and removed banners under the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to the dispatch to the site, attaching knife photographs used by the person suspected of being exposed, verifying whether the person suspected of being suspected has reported a banner installed for committing a crime, whether the installation of a banner by a candidate E of a National Assembly member is legitimate, and attaching photographs of a banner installed

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 (100,000 won per day converted);

1. Reasons for sentencing under Article 59 (1) of the Criminal Act (the punishment subject to the suspended sentence: a fine of 500,000 won);

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Determination of sentence: The act of damaging election posters established by the Public Official Election Act without any justifiable reason, such as the act of causing a fine of KRW 500,000,000, as in the instant crime, may impair the elector’s right to know, fairness of election, utility of election management, etc.

shall not be deemed to exist.

However, the defendant recognized the crime of this case and reflected his mistake, and the defendant committed the crime of this case by contingency, unlike others.

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