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(영문) 전주지방법원 2016.08.19 2016고합79
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 post a banner at the wall or the entrance of the facilities where a polling station is installed, or by making him galms thereon, on the election day.

Nevertheless, the Defendant, from April 12, 2016 to April 11:00 of the same month, from around 22:0 to around 13:00 of the same month, from around the 20th election day to around 13:00 of the 20th election day, was established, the Defendant “E party problem” in the fenced side of the D middle school in the 20th election day of the 20th National

The method of vote Doz.

F. A notice posted the words “candidate for National Assembly member in the F G constituency” and a banner containing the F’s photograph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. Application of statutes on site photographs;

1. Article 256 (3) 1 (a) and Article 67 (3) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The sentencing criteria are not set for the instant crime.

3. Determination of sentence: The circumstances favorable to the defendant include the fact that the defendant of a fine of one million won acknowledges the crime of this case and reflects the mistake, and that there was no past record of criminal punishment for the same crime.

On the other hand, the crime of this case is a matter of posting a banner of a candidate for the 20th National Assembly member election on the wall side of the D middle school in which the defendant had a polling station on the election day, and such an act is against the defendant's unfavorable condition, such as the fact that the act of election campaign using a banner, etc. bearing the name of the political party or candidate is prohibited indisrutly taking place, thereby impairing the legislative intent of the Public Official Election Act in order to enhance the fairness of election.

The above circumstances and other circumstances, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

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