2017Gohap630 Violation of the Public Official Election Act

A

Maximum Hun-Ba (Lawsuits) and public trial

Attorney B (Korean National Assembly)

July 21, 2017

A defendant shall be punished by a fine of 500,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Punishment of the crime

No person shall interfere with, damage, or remove any poster, placard, or other propaganda facilities under the Public Official Election Act without any justifiable reason.

Nevertheless, around April 22, 2017, around 22:18, the Defendant removed and damaged one poster for exclusive use of an election, on which marks E EF political party candidate G pictures and summary records, etc. are posted, from among the 19th presidential election posters posted on the D's outer wall located in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A gene appraisal report;

1. A criminal investigation report (to move a suspect and conduct a crime, and to close down a specific CCTV door);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 240(1) of the Public Official Election Act, Selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Sentencing 1)

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Determination of sentence;

The crime of this case is not easy in that the defendant arbitrarily removed part of campaign posters attached to the main external wall of the gas station, and it harms the right of the elector to know, the fairness of election, and the efficiency of election management.

However, under the influence of alcohol, the defendant seems to have caused contingent crimes without any specific intention, and there is no criminal power.

In addition to these circumstances, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records and pleadings, such as the age, character, conduct and environment of the defendant, motive and consequence of the crime, and the circumstances before and after the crime.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

1) The sentencing criteria are not set.