logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2015.07.16 2015고합101
공직선거법위반
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

The defendant, around 18:40 on April 20, 2015, at the front of Sungnam-gu, Sungnam-si C in the same year.

4. A election campaign worker E, who is an election campaign worker and was going to run in a special election of member of the National Assembly who is scheduled to be carried out;

(e) Ga refer to house;

"The 59.5 cm x 89.1 cm x 89.1 cm which the victim saw."

As a result, the defendant seized the goods for election campaign workers in relation to the election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of election campaign clerks’ labels);

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences: Fines of 2.5 million won to 15 million won;

2. Whether to apply the sentencing criteria: The sentencing criteria shall not apply as the sentencing criteria are not set for the relevant crime, and as a result, the sentencing criteria shall not apply.

3. The crime of this case where a sentence is to be sentenced is to cause an impediment to the freedom and order of election campaigns by taking away the diskettes for publicity of election; and the quality of such crime is not good;

However, the circumstances favorable to the defendant include the fact that the defendant seems to have reached a contingent crime under the influence of alcohol addiction, the fact that the defendant recognizes and reflects his own crime, and that the defendant has no criminal record heavier than the fine, etc.

In full view of the above circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment is determined as per Disposition.

arrow