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(영문) 서울동부지방법원 2017.09.01 2017고합198
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

No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without any justifiable reason.

1. On April 21, 2017, at around 03:30, the Defendant removed the above banner in a way that he prepares in advance a signboard of the DVD room where he works for the head of the 19th presidential election management committee approved by the Gangwon-gu election management committee for the purpose of propaganda of the 19th presidential candidate’s photograph, etc. posted at the 19th presidential candidate’s photograph, etc. located at the 19th presidential election management committee located in Gangdong-gu Seoul Metropolitan Government. The Defendant removed it in a way that he sets up the above banner in a way that he prepares in advance a signboard of the DVD room that he works for.

2. On April 22, 2017, at around 04:22, the Defendant removed the above banner by means of setting up it well at the door door by preparing in advance, on the ground that the signboards of the DVD room in which he/she works in the 19th presidential election management committee approved by the dispatching election management committee, such as the photo, etc. of the candidates E of the candidates for the 19th presidential election, installed at the 19th presidential election management committee, are posted.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of the F;

1. 112 Case disposition table;

1. Each video CD;

1. A report on internal investigation (verification of the face of the removal of the banner and the removal of the banner);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in a crime of violation of the Election of Public Officials Act, which is heavier than the aggravated punishment);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of applicable sentences under law: A fine not exceeding six million won;

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