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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the director of the Seoul C Apartment Management Office.
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 22, 2014, at around 10:00, the Defendant removed the banner (Ga 7m, vertical 1m) installed by F, which was sent to the E-political party, from the Do Council member Dogwon, set up on the front 206-dong apartment, without justifiable grounds.
2. The Defendant removed the banner (a 7m, vertical 1m) set up by H, which was laid to be a candidate of the G political party, at the Do Council member electoral district in front of the 105 apartment complex at the same time without any justifiable reason.
3. The Defendant removed the banner (7m per 7m, vertical 1m) set up by the J, which was laid to the Dogwon, set up in front of the 105 apartment complex at the same time, as the candidate of the I Party, without justifiable reasons.
2. Although the defendant removed each banner installed in the apartment of this case as stated in the facts charged, it cannot be seen that each banner is legally installed under the Public Official Election Act, the above act does not constitute a crime of violating the Public Official Election Act, and even if it is a banner installed lawfully in household affairs, the above act constitutes a legitimate act since the defendant's act was done as part of the management act as the chief of the management office.
3. First of all, we examine whether the instant banner was legally installed under the Public Official Election Act.
The Public Official Election Act provides that "candidates may post one banner for each Eup/Myeon/Dong in the relevant constituency for an election campaign (Article 67 (1)), and necessary matters concerning the standards for and methods of posting the above banner shall be prescribed by Regulations of the National Election Commission (Article 67 (3)), and the Regulations on the Management of Public Official Election shall apply to candidates before putting a banner.