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(영문) 전주지방법원 군산지원 2017.11.09 2017고합121
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting, or installation of placards under the Election of Public Officials Act, or damage or remove them without justifiable grounds.

Nevertheless, on April 28, 2017, around 23:00, the Defendant saw the Defendant’s house located in the Dolsan-si, the Defendant’s 19th presidential election of the 19th presidential election of the 19th presidential election of the 19th presidential election will make it difficult for ordinary people to live any more because of the suspension of free school meals at elementary schools, etc., and put the Defendant on the E candidate banner installed in front of the Dolsan-si, which can be seen by many people.

On April 29, 2017, the Defendant: (a) brought bicycles around the E candidate’s banner (breadth 8m, length 120m) indicated as “F,” located in front of the Hasan-si, Hasan-si, Hasan-si, at around 153 and the crosswalk 120m in front of the Hasan-si, and destroyed part of the banner (breadth 100cm, length 120cm, length 120cm) by setting the rash, which was carried at the home, cut off to the Gab (total length 25cm, length 15cm, length 15cm).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. On-site reports, investigation reports (related to seized articles), investigation reports (surveys on the damaged side of a banner), investigation reports (verification of wide size of the E-candidate banner);

1. Records of seizure (16 pages of investigation records), list of seizure (17 pages of investigation records);

1. Application of field photographs, seized photographs, and photographs of placards-related Acts and subordinate statutes;

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: A fine not exceeding four million won;

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