logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.12.18 2014고합426
지방교육자치에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall interfere with an election at a meeting, election campaign speech or traffic, or interfere with the freedom of election by deceptive means, trick or other unlawful means.

Nevertheless, at around 18:35 on May 31, 2014, the Defendant interfered with the freedom of election by arbitrarily extracting four lines connected with the computers, ampample, and screen pictures, which were installed to pay attention to F, on the roads front of the D hotel in the Dong-gu Daejeon, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 49 of the Local Education Autonomy Act and Article 237 (1) 2 of the Public Official Election Act (Selection of Fines) concerning facts constituting an offense;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)6 of the Criminal Act.

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order prevents a legitimate election speech by extracting connection lines connected to computers, etc. on the E candidate’s site. This goes against the purpose of legislation of the Local Education Autonomy Act and the Public Official Election Act, which intends to guarantee the maximum freedom of the people’s election, and thus, the nature of the crime is not weak.

However, considering the favorable circumstances such as the defendant's recognition of all of his/her criminal acts, the fact that the defendant has committed any contingent crime under the influence of alcohol, and the fact that he/she has not exercised any particular physical power in the process, the defendant's age, character and conduct, environment, and circumstances revealed in the records of this case, the punishment as ordered shall be determined by taking into account the following circumstances:

(The sentencing criteria shall not apply because they have not set the sentencing criteria)

arrow