logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.09.21 2018고합273
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

On June 3, 2018, the Defendant: (a) laid the strings of the Defendant’s “C” in front of the Defendant’s operation in Seodaemun-gu, Seodaemun-gu; (b) laid the strings of the 7th nationwide election Seoul Metropolitan Government candidate D’s election banner on the ground that he left his seat; (c) laid the strings of the strings by using the strings; and (d) on June 4, 2018, the Defendant used the strings of the said D’s election banner installed at the same place at around 09:22 on the same day.

Accordingly, the defendant damaged the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each internal investigation report (as regards internal investigation on the inspection direction, internal investigation on the inspection direction - analysis ofCCTV image, internal investigation on the inspection direction - the reproduction of banners);

1. Application of the Acts and subordinate statutes on site photographs, such as photographs of a damaged election banner, a picture of a scarp, a picture of a scarp, a picture of a session history, an election banner around the place where it is located, on-site and CCTV

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that the Defendant had damaged the strings of placards over two occasions as indicated in the facts constituting the crime in the judgment, but the Defendant did not know of the strings of placards under the Public Official Election Act. Therefore, there was no intention to violate the Public Official Election Act.

2. The following circumstances revealed by the evidence as seen earlier, namely, the date and time of each of the crimes in the holding, was 7 times during which many local governments and members of the local councils are elected, and a number of election placards are installed in the vicinity where the instant banner is installed, and the instant banner is installed.

arrow