2017Gohap526 Violation of the Public Official Election Act

A

The impeachment, the equality in use, and the public trial.

Attorney B (Korean National Assembly)

June 23, 2017

A defendant shall be punished by a fine of 500,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

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

Punishment of the crime

No person shall interfere with, damage, or remove any poster, placard, or other propaganda facilities under the Public Official Election Act without any justifiable reason.

Nevertheless, at around 12:30 on April 21, 2017, the Defendant removed and damaged and removed posters attached to the 19th presidential election campaign site on the 19th presidential election campaign site in Dongjak-gu Seoul Metropolitan Government without prior permission from the Dongjak-gu Seoul Metropolitan Government C.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report (a report on internal investigation, the head of the team of the administrative civil petition at the D community service center, a telephone investigation, and a photographic data by time frame to which the poster is posted);

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 Fine)

1. Detention in a workhouse;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Sentencing 1)

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

2. Determination of sentence;

The crime of this case is not easy in that the defendant arbitrarily removed campaign posters attached to his house hulled rice so that it can enhance the elector's right to know, the fairness of election, and the efficiency of election management.

However, the Defendant reported that campaign posters are attached to a house hushes without his/her consent in a significant state of health, thereby resulting in any contingent crime, and sought that campaign posters should not be removed from the hushes after committing the crime, and made efforts to re-enter the posters, and there is no previous conviction except twice a fine for a crime of dual species.

In addition to these circumstances, the punishment as ordered shall be determined in consideration of the various circumstances shown in the records and pleadings, such as the age, character, conduct and environment of the defendant, motive and consequence of the crime, and the circumstances before and after the crime.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

1) The sentencing criteria are not set.