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(영문) 대구지방법원 2018.11.30 2018고합448
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 31, 2018, at around 18:15, the Defendant removed, in knife, on the front of the C Bank located in Daegu, the lower court removed, on the knife, both sides of an election propaganda banner (600cm in width, 80cm in length, 80cm in length) of the 7th anniversary of the Daegu-gu Seoul-gu Gu Council (E, F,G, and H) mark I candidate’s photograph and name, and the political party to which he belongs, etc.

Accordingly, the defendant removed the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Part of the witness K’s legal statement;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Part of the statement made by the police against the defendant in K;

1. Each CCTV image and each photograph;

1. Application of Acts and subordinate statutes to report internal investigation (a photograph, CCTV analysis for L agency agencies at the time of site appointment), investigation report (a video analysis, such as bus booms, identification of suspects, and a video analysis improved in chemical quality).

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination of conviction under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. A person who removes a banner as stated in the facts constituting a crime as stated in the summary of the defendant and his defense counsel’s assertion is not the defendant.

2. In full view of the following circumstances acknowledged by the court’s duly adopted and investigated evidence, it is reasonable to view the person who removed an electoral banner as stated in the facts constituting the crime as the Defendant.

Therefore, we cannot accept the defendant's and defense counsel's arguments.

A. The Defendant operates a verbal room in the vicinity of the judgment banner, and the banner is located on the right side of the oral room.

According to each CCTV image, the defendant saw the object in the form of lag (in the doluco knife) in the oral room, and moves to the port (the 43th page of the evidence record), and then slaves the direction.

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