beta
(영문) 서울남부지방법원 2014.08.07 2014고합227

공직선거법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

On May 25, 2014, around 06:00, the Defendant removed campaign posters for four candidates for the members of the Gangseo-gu Seoul Metropolitan Government Election Commission under the Public Official Election Act, which were posted by the Gangseo-gu Seoul Metropolitan Government Election Commission under the Public Official Election Act, in a manner that the Defendant removed them in his/her hand without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site 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. The defendant and his defense counsel asserts that at the time of the crime of this case, the defendant was in a state of mental and physical disability because the defendant was in a state of mental and physical disability as well as mental and physical disability at the time of committing the crime of this case.

In light of the evidence adopted and examined by the court, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, and that the defendant had received mental treatment several times since May 2004.

However, in full view of the circumstances revealed in the evidence supra, such as the background, means and method of the instant crime, and the circumstances after the instant crime, it is difficult to deem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

The crime of this case with the reason of sentencing is an unfavorable circumstance that the defendant damaged the poster, which is an election campaign material, in light of the legislative intent of the Public Official Election Act to protect the elector's right to know, the fairness of election, the utility of legitimate election management, etc.