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(영문) 부산지방법원 동부지원 2014.07.18 2014고합92
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

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 justifiable grounds.

1. The Defendant: (a) was on the street in front of Busan Southern-gu, and was unable to run a street store business due to an election banner by a candidate E for a candidate for a political party in the 1st constituency in the Southern-gu Busan Metropolitan Council member Election of Busan Metropolitan Council members; and (b) was harming the Defendant, at around 17:00 on May 27, 2014, the Defendant destroyed the strings set up in order to fix the string of the banner on the street, which was held in advance on the street.

2. On May 28, 2014, at around 17:00, the Defendant viewed a banner installed by the said E in the street, thereby damaging E’s election campaign banner in the same manner as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on investigation (on-site photographs) and the application of Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for a crime of violating the Public Official Election Act as of May 27, 2014 with more severe penalty)

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

1. The crime of this case where the defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, damages election placards on two occasions cannot be deemed to be less that the content of the crime is in light of the legislative intent of the Public Official Election Act to protect the elector's right to know, fairness of election, utility of election management, etc.

However, in full view of the fact that the defendant is against the defendant, the political intention or purpose of influencing the previous election and the defendant seems to have never existed, and the candidate of the election banner of this case is not punishable against the defendant, it is decided as per the disposition.

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