logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.23 2017고합172
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

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.

Nevertheless, on April 22, 2017, the Defendant was attached to the wall pents of the D apartment at the entrance of the C apartment of the Seo-gun, Seo-gun around 23:29 on April 22, 2017.

Of the 19th presidential election posters, sign EF candidates and marks G H candidates' photographs were damaged by putting fire with a tobacco dog.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on video recording of CCTV in a C apartment guard room;

1. Report on occurrence of incidents against the Act on Election of Public Officials;

1. Report on internal investigation (including the document Nos. 2, 5, 7 and each accompanying document);

1. Application of Acts and subordinate statutes of the investigation report (including the evidence list Nos. 9, 10, and each accompanying document);

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

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Whether the sentencing criteria are applied: Whether the sentencing criteria are not set; and

3. The instant crime of determining sentence is an unfavorable circumstance where the Defendant, without good cause, destroyed the poster for an election under the Public Official Election Act, thereby impairing the right to identify the elector, impairing the fairness of the election, and impairing the utility of the election management, and the quality of the crime is not somewhat unfavorable.

On the other hand, there is no objective to obstruct the election campaign of a specific candidate, and there is no record of criminal punishment for the same criminal records and suspended execution.

In addition, various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and motive for the crime.

arrow