beta
(영문) 전주지방법원군산지원 2020.09.24 2020고합106

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 one 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.

Nevertheless, around April 8, 2020, the Defendant: (a) discovered a poster of the candidate for the 21st National Assembly election of the 21st National Assembly member, which was installed in the fence, before the C Middle School located in the 20:37 Si, Gunsan-si B; and (b) destroyed the Defendant by setting the poster with a dog that was possessed in advance on the ground that he would want to attach a fire.

Accordingly, the Defendant damaged the poster for the 21st National Assembly member without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a photograph of the defendant in his/her legal statement at the scene (vii CCTV 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. The sentencing criteria are not set for offenses against which the sentencing criteria are not applied.

3. Determination of sentence: The crime of this case in which the defendant damages the poster under the Public Official Election Act without any justifiable reason, and thus, his right to know about the elector, fairness of the election, utility of the election management, etc., is not easy.

However, the punishment shall be determined as ordered by taking into account the favorable circumstances, such as the fact that the defendant has recognized his/her mistake and against himself/herself, the fact that he/she has no record of criminal punishment, and other various sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, motive for the crime, and circumstances after the