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(영문) 수원지방법원 여주지원 2018.08.30 2018고합35
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 person shall obstruct the preparation, posting, posting, or installation of any poster, placard or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without any justifiable reason.

Nevertheless, at around 21:54 on June 1, 2018, the Defendant was established at a place where C party was unable to comply with the commitment to increase the old age pension, on the grounds that the delivery of the long distances in front of the Dong-gu Gun Community Center located in Yangyang-si, Yangyang-do, Yangyang-si, Gyeonggi-do.

6. 13. At the same time, nationwide simultaneous local election D’s banners of candidates E (C party) were in possession, and the banner of candidates G (C party) for the election district of the National Assembly member F in Gyeyang-gun established immediately adjacent to each other were destroyed well in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Investigation report (the process of tracking the aged as a witness or suspect after examination of the stick);

1. Scenes of each site, CCTV images, photographs of seized objects;

1. Application of existing Acts and subordinate statutes of one blade (No. 1) seized;

1. Article 240 (1) of the relevant Act and the Act on the Election of Public Officials for the Selection of Punishments, concerning facts constituting an offense;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Public Official Election Act due to damage to placards of a candidate heavier than that of a foreign candidate);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The Defendant, without good cause, destroyed the banner of the candidates for D or Gun council members elections, which is not likely to commit a crime in that it impairs the right of electors to know, the fairness of elections, and the efficiency of election management.

However, it is against the defendant's recognition of the crime of this case.

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