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(영문) 광주지방법원 2019.01.11 2018고합521
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

The defendant is the Director of the Management Office of Gwangju Building.

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.

Nevertheless, at around 07:16, June 1, 2018, the Defendant, at the front of the building in front of the foregoing building, tried to remove the banner of the candidate E of the 7th local election of the 7th local council members (including the phrase “F and 1-victim E” along with the E pictures) of the 7th local election council, which was installed between two utility poles, on the ground that the building is attached to the building, with C, and ordered C to have a private bridge being stored in the warehouse in the building.

Since then, while the Defendant was carrying a bridge from the lower floor of banner C, he removed the strings of both the above banners by using the strings with the strings where the strings of the bridges are maintained.

As a result, the Defendant conspired with C to damage or remove the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each photograph (No. 5, 7, 9) (Evidence List No. 5, 9);

1. Relevant legal provisions concerning facts constituting an offense, Article 240 (1) of the Public Official Election Act, and Article 30 of the Criminal Act;

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 applicable sentences by law: Fines of 50,000 to 6 million won; and

2. The range of recommending sentencing criteria is not set.

3. The crime of this case in which the defendant was removed from the banner under the Public Official Election Act without any justifiable reason, and the crime of this case in which the defendant infringes his right to know and impedes fair election campaigns.

However, the defendant is recognized to commit his crime, and the defendant is against himself, and the defendant is against his election system as a building administrator.

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