공직선거법위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.
However, on April 3, 2016, around 04:07, at the entrance side of the D Park Underground Parking Lot at Daegu-gu, Daegu-gu, the Defendant: (a) laid away four strings with four strings of candidates G candidates for E special election political parties, without justifiable grounds; and (b) damaged and removed the banner by lowering it on the floor without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H and I;
1. Application of statutes on site photographs, photographs, approval seals for placards, and photographic materials;
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. The scope of punishment by law: Fine not exceeding 4 million won;
2. Whether the sentencing criteria are applied: The sentencing criteria are not set for the crimes of this case.
3. The Defendant, without good cause, destroyed the poster for election under the Public Official Election Act, thereby impairing the elector’s right to know, and impairing the utility of election management.
These circumstances are disadvantageous to the defendant.
However, the defendant is in profoundly against the crime of this case, and the defendant committed a contingent crime under the influence of alcohol, and there was no political intent or purpose to influence the election.
I seem to appear.
These circumstances are favorable to the defendant.
In addition, the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime shall be considered, and the punishment shall be determined as per the order.