(영문) 광주지방법원 순천지원 2020.9.10.선고 2020고합77 판결

The seized Roter (No. 1) and one Bodridmacar pension (No. 2) shall be confiscated, respectively. An order of provisional payment equivalent to the above fine shall be issued.

Reasons

Criminal facts

No preparation, posting, posting, posting or installation of posters, placards or other publicity facilities under the Public Official Election Act shall be obstructed or damaged without any justifiable reason.

Nevertheless, at around 23:45 on April 6, 2020, the Defendant damaged propaganda facilities, such as campaign posters, etc. posted under the Public Official Election Act by 11 times in total, from that time until April 12, 2020, among the campaign posters for the 21st election of National Assembly members of the E Party, which were installed by the election commission at the left side of the branch of the Eth election district branch of the Eth Election Commission at the National Assembly on the outside of the branch of the Eth election of the 20th election district established by the election commission.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and I;

1. Each CCTV CD;

1. Information of the department related to the report of the case 112 case, internal investigation report [the details of identity A of the suspect], internal investigation report [the suspect A's personal information details (2)], seizure records, investigation reports (the identity report of the suspect), search report (the identity report of the bicycle used for the crime), J-J-J campaign poster damage, the number of things released from the damage to the poster, the number of things released from the K building, the investigation report (the time specified for the crime before L community service center and N-B in front and M), and the investigation report (the suspect's uniforms at the time of the

Application of Statutes

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

Article 240(1) of the Public Official Election Act (Selection of Fines)

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Public Official Election Act on April 12, 2020 with the largest penalty)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Confiscation;

Article 48(1)1, 1. Order of provisional payment

1. The scope of applicable sentences under the law: a fine of KRW 50,000 to KRW 6 million;

2. Determination of sentence;

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, comprehensively taking into account the defendant's age, character and conduct, environment, method and background of the crime, the motive of the crime, the result of the motive of the crime, and the circumstances after the crime.

The Defendant committed the instant crime several times on the grounds that he was negligent in the election office of a candidate F for a National Assembly member, thereby undermining the right of electors to know, the fairness of election, and the efficiency in managing elections. The nature of the crime is not somewhat weak. The Defendant was sentenced to imprisonment with prison labor for four months in Gwangju District Court’s net support on March 28, 2019, and the Defendant committed the instant crime on July 27, 2019 after the execution of the sentence was completed.

The circumstances favorable to ○: The Defendant recognized all of the instant crimes and reflected. The Defendant’s act did not have a significant influence on the election of the National Assembly members.