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(영문) 인천지방법원 부천지원 2014.10.06 2014고합171
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

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

On March 23, 2014, at around 12:00, the Defendant permitted the installation of multi-households in Kimpo-si, the owner of the building, but there was concern that family members need to make a political appearance, and thus, the Defendant removed 270cm wide installed on the outer wall of the building x 390cm vertical length x D preliminary candidate E’s linked value of an election banner size of 390cm from the outer wall of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the statutes on photographs of buildings, election banner photographs, and banner photographs;

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

1. The scope of punishment: Fine not exceeding 4,000,000 won;

2. Determination of sentence: The crime of this case by a fine of KRW 500,000 is to remove a banner, which is an election campaign material attached to the building owned by the defendant, and the crime is to be less complicated in light of the legislative purport of the Public Official Election Act, which protects the right of electors to know, fairness of election, utility of legitimate election management, etc.;

However, the defendant's primary crime without criminal punishment, the fact that his mistake is divided and reflected, the political intent or purpose of influencing the election is expected to have not been existed, and the defendant allowed E to install the banner of this case without compensation, and E also stated that it is not a punishment for the defendant in this case, and it is shown in the arguments of this case, such as age, character and behavior, environment, method and circumstance of the crime, circumstances after the crime, degree of participation in the crime, etc.

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