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(영문) 제주지방법원 2014.09.04 2014고합123
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 23:10 on May 28, 2014, the Defendant removed the above banner by cutting off all six fixed strings of both the above banners on the ground that the 6th election banner, the candidate for Jeju Special Self-Governing Province education, who was the candidate for Jeju Special Self-Governing Province Council member, going out in the 6th nationwide local election, which was posted in support of telegraph poles and street lamps, from the street room run by the Defendant located in Jeju city.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F, G, and H;

1. Application of Acts and subordinate statutes to field photographs, respective internal reports, or images;

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. Articles 70 (1) 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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order, damages the elector’s right to know, the fairness of election, the utility of lawful election management, etc. cannot be deemed to be negligible in light of the purpose of legislation of the Public Official Election Act.

However, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances such as the Defendant’s initial crime, the Defendant’s acknowledgement of the instant crime, the political intent or objective to influence the election, and the Defendant’s age, character and conduct, environment, and circumstances before and after the instant crime, and the conditions of sentencing as shown in the records and arguments.

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