(영문) 서울남부지방법원 2014.10.30.선고 2014고합230 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

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

Reasons

Criminal History Office

No person shall install, display, or display any chemical, signboard, placard, advertising balloon, advertising tower, other advertising or facilities, except for those prescribed by the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day.

On March 27, 2014: At around 42, the Defendant: (a) attached and operated a ESD electronic sign board (1.5m wide, 30m long, 1.5m wide, 30m long) on the back of the 6th regular local election market, which was carried out on June 4, 2014, to have an impact on the election of Park 00, a candidate for the election of the Seoul Metropolitan City Seoul Metropolitan Government Seoul Metropolitan Government Election.

As a result, the defendant's 180 days before the election day to the election day.

In addition, advertisements that are not in accordance with the Public Official Election Act were installed.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (Confirmation of Pest North Korea);

1. A report on internal investigation (Attachment of vehicles and contents of advertisement, photographs of oil tubes search data, attachment of a secondary inquiry document, and a detailed statement of case processing of 112 reports);

Application of Statutes

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

Article 256 (3) 1 (h) and Article 90 (1) 1 of the Public Official Election Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2)1 of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant operates a laundry in Yongsan, which is likely to cause damage to the livelihood of the said district due to the designation of the said district, and thus demands the establishment of countermeasures against the Park 00 Seoul market from February 2, 2012, which was prior to the election period to take place. In his/her own vehicle, the Defendant was carrying with him/her the banner containing the phrase “OUT search”, and carried him/her in order to carry him/her at once, and did not have an intention to affect the election.

2. Determination

Article 90(1) of the Public Official Election Act limits acts set forth therein under the premise of "in order to influence an election". This is a requirement to establish an offense of "the purpose of influencing an election as an excessive element other than intentional act." Although the act prescribed in the instant provision does not reach an election campaign, the legislative purpose of the instant provision is to promote public interest by blocking such an unlawful act so that it infringes on the fairness and peace of an election even if it does not reach an election campaign.

In light of the above, the purpose of this context is to be determined reasonably in light of social norms by comprehensively taking into account various circumstances, including the social status of the defendant, the relationship between the defendant and the candidate or political party, the motive and process, method and method of the act, contents and manner of the act, social situation at the time of the act, etc. (see Supreme Court Decision 2013Do4074, Jul. 25, 2013, etc.).

(4) From March 19, 2014, the Defendant, who was aware of the following facts by the evidence adopted and investigated by this court, stated the following facts: (i) from around 19, 2014, the Defendant’s act of posting an electronic sign board indicating the Defendant’s name on his own to the Defendant’s seat in Seoul City, such as Youngbu Office, Seoul Metropolitan Government Office, East-gu, and high-speed terminals, to ensure that there is an interest in the contents of the Defendant’s LED electronic sign board attached to the Defendant’s vehicle; (ii) the Defendant’s act of posting the Defendant’s sign board of the Defendant’s seat to the Defendant’s seat without any specific intent to use it on the Defendant’s behalf of the Defendant’s owner of the 0th election, which appears to be the Defendant’s main purpose of search and inspection of the Defendant’s PEUT market; and (iii) the Defendant’s act of posting the Defendant’s sign board of the Defendant’s seat to the Defendant’s seat of the Plaintiff’s 20th project.

Reasons for sentencing

1. The scope of punishment by law;

Fine of 4 million won or less

2. The crime of the instant sentence is that the Defendant, against the provisions of the Public Official Election Act, has installed and posted a banner on which the name of the candidate was indicated, and that such an act is likely to impair the fairness of election by affecting the decision-making or decision of the voters in a manner that is not permitted by the Act, etc., taking into account the circumstances unfavorable to the Defendant.

A defendant shall be taken into consideration under favorable circumstances, such as the fact that he/she has no same record of committing an offense, and there is no particular record other than a fine, and that the effect of the instant crime on the election is deemed to have been weak. In addition, the defendant's age, character, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be determined by the same sentence as the order, taking into

It is so decided as per Disposition for the above reasons.