logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.08.04 2017고합164
공직선거법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The preparation, posting, posting, posting or setting up of posters, placards or other propaganda facilities under the Election of Public Officials Act, or the damage or removal thereof, even though they are not justified;

1. On April 17, 2017, the Defendant removed the 19th presidential candidate D’s knife, which was installed on the rail bridge of Ulsan-gun, Ulsan-gun, Ulsan-gun, by cutting off the string of the 19th presidential candidate D’s knife.

2. On April 18, 2017, the Defendant removed the 19th presidential election candidate G banner, which was installed between the front roadside trees of the F Mart in Ulsan-gun E, Ulsan-gun, by cutting off the knife with the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to reports on seizure and list of seizure, each photograph thereof and each report on internal investigation;

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 aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Election of Public Officials Act, April 18, 2017, heavier than the aggravated punishment);

1. A fine of 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day converted);

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing), the Defendant removed an election banner pursuant to the Public Official Election Act without any justifiable reason, thereby impairing the right of electors to know, the fairness of the election, and the utility of election management. The fact that the nature of the crime and the criminal administration are not easy is the circumstances unfavorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant while performing public labor duties to remove illegal placards, and there is a little reason to consider in light of the background of the crime, the method of the crime, the circumstances after the crime, etc., and the defendant is the first offender, and the defendant is committed at the time of the crime.

arrow