beta
(영문) 광주지방법원 2017.06.23 2017고합173

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 them without any justifiable reason.

Nevertheless, the Defendant, at around 14:35 on February 2, 2017, was under the influence of alcohol on the front of a pre-road board of a pre-road board in the Gisung Group C, and without any justifiable reason, attached on the pre-road board of a pre-road board.

The entire election posters from D to E candidates for the 19th presidential election were removed by hand and damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to reports on the occurrence of public office and reports on internal investigation;

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

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

2. Whether the sentencing criteria are applied: Omission of the sentencing criteria;

3. The accused’s liability is not easy in that damage to the poster for decision-making of an election is likely to undermine the right to know of the elector, the fairness of the election, and the efficiency of the election management;

However, the fact that the defendant recognized the crime of this case, the defendant did not have the record of criminal punishment for the same crime, the defendant's breathly damages the contingent poster by drinking, and the defendant did not seem to have committed the crime of this case with political intent or purpose to influence the election.

In addition, the defendant's age, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered.