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(영문) 부산지방법원 2019.07.26 2018고합516
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 8, 2019, the Defendant was sentenced to a suspended sentence of two years for the crime of occupational embezzlement at the Busan High Court, which became final and conclusive on May 16, 2019.

【Criminal Facts】

On June 13, 2018, the Defendant was a person engaged in the leasing business of a building, and B entered the 7th local election of Dong-si, which was implemented on June 13, 2018, to be a candidate for the c constituency D party D party, and the Defendant entered into a contract to post an election banner on the Busan E building (hereinafter “instant building”) owned by the Defendant from April 2018 to June 13, 2018.

No person shall interfere with the preparation, posting, posting, posting, or installation of posters, placards, or other publicity facilities under the Public Official Election Act, or damage or remove them without justifiable grounds.

On May 21, 2018, around the entrance of the instant building owned by the Defendant, the Defendant removed one election banner ( approximately 2m, about 50cm in length, about 50cm in length), which was written on the “3F election campaign office of the candidate election campaign office of the Gu council member in the Gu of the Gu of the D Political Party” in B, which was set off horizontally on the street, on the ground that the banner for advertising of the above commercial buildings located in the instant building could interfere with the business of other commercial buildings, and the Defendant removed one of the B election campaign office guidance board ( approximately 50cm in length, about 1m in length) attached to the wall of the 1st floor entrance of the said building, respectively.

Accordingly, the Defendant removed electoral banner and other propaganda facilities without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Photographs of a banner for public relations of the election posted B;

1. Photographs;

1. Inquiry reply to the G Gu Election Commission;

1. Text messages;

1. Application of Acts and subordinate statutes to the Round interview ( April 2018) where banners are installed;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The order of provisional payment;

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