logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2017.08.08 2017고합48
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act, or damage or remove them without any justifiable reason.

1. On April 21, 2017, around 00:05, the Defendant damaged posters without good cause, such as removing the photograph of the 19th presidential election campaign poster, which was attached on the wall surface of the 19th presidential election campaign poster, in his/her hand, and was removed.

2. At around 00:12 on the above day, the Defendant damaged propaganda facilities without justifiable grounds, such as flaging the face of a candidate E, using a stone with two traws in the surrounding area, which had been attached to the H office gate managed by G located in F, and 2 traws.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, on-site identification results, investigation reports (CCTV investigation - checking the criminal suspect's scene of the crime and the moving details, attaching photographs to CDs and caps) and CCTV images;

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. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a violation of the Election of Public Officials Act, which has hot holding that the circumstances are more severe);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not set the sentencing criteria for the provisional payment order.

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. The crime of this case, among the election posters attached on the wall of the defendant, is committed in that the defendant opens a specific candidate's photograph and damages part of the candidate's photograph using stone with a stone, and thus, the crime of this case is not less complicated than that of the elector's right to know, the fairness of election, and the efficiency of election management, etc., which are disadvantageous to the defendant.

However, the defendant's mistake.

arrow