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(영문) 광주지방법원순천지원 2020.08.27 2020고합81
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who manages a store as a vice head of C in leisure water viewing store B at the time of leisure water.

No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

On April 3, 2020, at around 09:31, the Defendant: (a) directed the staff F of the 21st National Assembly member election campaign D Party E of the 21st National Assembly member election campaign, which was installed in connection with the brooms and trees, on the ground that the election banner of candidate E of the 21st National Assembly, which was installed in connection with the brooms, would interfere with the business by opening the c, and (b) set the brooms into the tape, and then removed the brooms as well as the brooms as connected to the brooms by using the brooms.

Accordingly, the defendant removed the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. The 112 Report Processing Details, the application of Acts and subordinate statutes to report internal investigation (the receipt of 112 Report and CCTV investigation);

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Determination of sentence: The sentence shall be made in the same manner as the order, comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, method and background of the crime, motive, means and result of the crime, and circumstances after the crime was committed.

The crime of this case is likely to interfere with the operation of the shop where the defendant works. It is deemed that the elector damages an election banner installed on the electric utility and tree, on the ground that the crime of this case interferes with the operation of the shop where he works.

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