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(영문) 서울중앙지방법원 2018.11.15 2018고합760
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

Except for those prescribed by the Public Official Election Act in order to have an influence on the election from 180 days before the election day to the election day, no one shall install, display, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, apparatus or advertising tower, other advertising materials or facilities, and the name of a political party or candidate, his/her photograph, or the name or photograph, his/her name, or any expression of which may be inferred, shall be deemed to have an influence on the election.

On May 3, 2018, the Defendant posted a banner on May 3, 2018, on the front of the Seoul Building, and on June 13, 2018, the seven-time simultaneous elections, which were held on June 13, 2018, stating, “A banner,” stating, “A banner, with the knowledge of the front of the election campaign office of a candidate for a political party E in the local election of a candidate for the head of the Gu, who is going to run as a preliminary candidate for the head of the Gu.” and “A banner, with the knowledge of the front of the election office of a candidate for a political party E in the

Accordingly, the defendant set up a banner that is not in accordance with the Public Official Election Act in order to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes No. 2 of the photograph (Evidence No. 2);

1. Relevant Article of the Act and Article 256 (3) 1 (h) and Article 90 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts (opportune selection);

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of punishment by law: Fines of not less than 50,000 won but not more than 4 million won;

2. Scope of the recommended punishment according to the application of the sentencing criteria: The sentencing criteria are not set;

3. Determination of sentence: The instant crime of fine of one million won is an act that impairs the fairness of election, which is based on democracy, and undermines the efficiency of election management;

The defendant is also in violation of the Public Official Election Act in order to accomplish his/her request even though he/she has received a final and conclusive judgment against the claim for refund of rent.

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