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(영문) 수원지방법원 여주지원 2016.06.02 2016고합28
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

On April 5, 2016, the Defendant cut off the 20th election district E of the National Assembly member of the 20th election district of the 20th election district from the street, etc. adjacent to the C intersection at the crosswalk, and set off the banner on the floor by blocking the driver’s view of the vehicle passing at this place under the Public Official Election Act, on the ground that the driver’s view of the 19:04 election of the 20th election district E of the 20th election of the National Assembly member was set up.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a CCTV analysis for crime prevention at the scene of occurrence);

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

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (the first offender, or the above banner is in danger of traffic accidents);

Considering the fact that an act was committed for the public interest purpose and is considered to be considered in the motive, the above banner is found to be removed immediately following the date of removal, and is re-established in the opposite crosswalk, and is in contravention of depth after recognizing the error.

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