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(영문) 춘천지방법원 2014.09.05 2014고합74
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 obstruct the preparation, posting, posting or installation of posters, placards and other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

1. On May 23, 2014, the Defendant, at around 07:00, destroyed the banner under the Public Official Election Act without justifiable grounds, by cutting off the strings by using office blades that connect one of the above banners to the traffic signal control devices, on the ground that the banner for public relations in election of the candidate E of the National Assembly member of Chuncheon-si, Chuncheon-si, which is installed with the traffic signal control devices in front of the C factory, working for the Defendant in Chuncheon-si B, the front of the C factory.

2. On May 24, 2014, at around 07:40, the Defendant: (a) cut the strings that connect one of the above banners with the traffic signal control devices installed by the above E to the front traffic signal control devices; and (b) destroyed the banner under the Public Official Election Act without justifiable grounds, on the ground that the banner again installed in the traffic signal control devices in front of the C factory would put the front of the C factory.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on internal investigation (verification of the registration of candidates reported E);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 240 (1) of the Public Official Election Act for each applicable law to criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment stipulated in the Public Official Election Act as of May 23, 2014, heavier penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is against the purpose of legislation of the Public Official Election Act to protect the elector's right to know, fairness of election, utility of election management, etc. and thus, the nature of the crime is not somewhat weak.

However, a candidate E who has no criminal record of the suspension of execution or more, and who has installed a banner for publicity of the instant election, wishes to be punished against the defendant.

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