beta
(영문) 수원지방법원 평택지원 2017.09.08 2017고합89

공직선거법위반

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall damage or remove posters and other propaganda facilities installed under the Election of Public Officials Act without any justifiable reason.

On April 22, 2017, at around 04:06, the Defendant opened an election poster in front of Pyeongtaek-si, in which the committee for the election management of Pyeongtaek-si took by hand the photograph, brief personal history, etc. of the candidates for the 19th presidential election, which was installed in the seat of Pyeongtaek-si, and laid down the poster away on the floor, and cut down.

Accordingly, the defendant damaged the posters set up by the Public Official Election Act without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. One CD-ROM around the site;

1. Application of Acts and subordinate statutes of the National Police Agency;

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. Determination of sentence: A crime in this case where a fine of KRW 500,000 is imposed shall not be likely to undermine the right of electors to know, the fairness of elections, and the efficiency of election management;

However, the fact that the defendant is against his mistake, the political intention to influence the election, or the fact that the defendant seems to have caused contingent crimes under the influence of alcohol without any intention to obstruct election campaigns by a specific candidate, and the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence, etc. shall be determined as ordered by taking into account various sentencing conditions as shown in the arguments, such as the circumstances after the crime.