logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.09.19 2014고합304
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

The defendant was elected on June 4, 2014 at the 7th local election of the Do Council member of the Gangseo-gu Seoul Metropolitan City, which was implemented on June 4, 2014.

A candidate, his family, or the executive staff member of a political party may post only one banner for each Eup/Myeon/Dong in the relevant constituency for congratulations, consolation, or other return courtesy to the electorate for a success or defeat in the election, after the election day.

Nevertheless, around June 6, 2014, the Defendant posted one banner at the entrance of the F Park located in Gangnam-gu Seoul Metropolitan Government E-gu, and posted a banner totaling 24 of the election 24 in the Gangseo-gu Seoul Special Metropolitan City (G, H, and E).

As a result, the defendant posted a banner of 24 election in excess of three banners that can be posted in the election district under the Public Official Election Act after the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation report (the relative investigation of the representative excursion ship of the advertising company);

1. Application of relevant Acts and subordinate statutes to documentary evidence photographs;

1. Article 256 (5) 11 of the Public Official Election Act and subparagraph 5 of Article 118 of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case without proper care of the relevant provisions related to the Public Official Election Act even though he/she was a Gu Council member who succeeded in the re-election, and that the defendant's liability for the crime is not easy in light of the purpose of legislation of the Public Official Election Act

However, the period during which the instant crime appears to have been committed by mistake or misunderstanding in the field of law or in the process of performing duties, and the Defendant was committed with respect to the time when the instant crime was committed, against whom the Defendant was committed, and immediately removed the banner immediately after the Defendant became aware of his mistake.

arrow