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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
No one shall post a banner of a candidate by passing along a road defined in Article 2 of the Road Traffic Act.
Nevertheless, the Defendant’s indictment states, “The Defendant is a party member of E,” and the Defendant stated in this court that he is not a party member, and the list of party members in the record is not submitted.
The above contents do not affect the establishment of crime, and deletion does not interfere with the defendant's right of defense.
On March 31, 2016, around 14:30, 2016, DKa P, located in Gangwonwon C, one banner for the election campaign of the G candidate who was going to the election district of “F” as a party E-party official in the election of the 20th National Assembly members, was posted in the way of crossing the road from the above DKa P, a telegraph to the front of the H laund office adjacent to the road.
Accordingly, the Defendant posted a banner of a candidate by passing along a road under Article 2 of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Police statements made to I and J;
1. The application of Acts and subordinate statutes to photographs, investigation reports (the relevant Articles and regulations);
1. Article 256 (3) 1 (a) of the Act on the Election of Public Officials and Article 256 (3) 1 (a) of the Act on the Election of Public Officials for Criminal Facts and Article 256 (3) 1 (a) of the Act on the Election of Public Officials shall punish “a person who hangs a banner in violation of the provisions of Article 67 in connection with an election campaign.” Article 67 of the same Act provides that “a candidate may post one banner for each Eup/Myeon/Dong in the relevant constituency for an election campaign, and necessary matters concerning the size and method of posting of the banner shall be prescribed by the regulations of the Central Election Management Commission.”
Each of the above provisions shall specify and clarify the basic matters of the contents and scope to be prescribed by the rules of the Central Election Management Commission in the law itself.