logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.07.03 2014고합305
공직선거법위반등
Text

A person shall be punished by imprisonment with prison labor for not less than six months for a crime of No. 2 as stated in the judgment of the defendant, and two months for each crime.

(b).

Reasons

Punishment of the crime

1. The Defendant violated the Public Official Election Act at around 10:0 on May 29, 2014, at around 10:0, the Defendant cut the strings of the candidates E of the Do Governor of the Do, which were installed at the same time, using the pre-owned electrical construction bags, cut about 10cm, cut the strings of the candidates F of the Gyeonggi-do Superintendent of the Office of Education, cut the strings of the candidates for the Do Council members, cut the strings of the G banner of the candidates of the Do Council members of the Do Council, cut the strings of the hrings of the candidates I of the H-do, cut the 30-meter cover, cut off the strings of the candidates of the Gyeonggi-do Governor of the H, and damaged the four strings of election

2. The Defendant destroyed and damaged property by cutting off the strings of advance polling placards, which are recommended by the competent election commission, at the time, at the same time, and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. CCTV images, cut photographs, and damaged photographs for placards;

1. Records of seizure, list of seizure, voluntary submission, statement of renunciation of ownership, photographs of seized articles, and evidence of seizure;

1. Application of existing Acts and subordinate statutes to one of the quoted (No. 1) that has been seized;

1. Relevant legal provisions concerning facts constituting an offense, Article 240 (1) 1 of the Public Official Election Act (referring to damage to an electoral banner, choice of imprisonment with prison labor), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Article 18 (3) and 18 (1) 3 of the Public Official Election Act (Separate Sentence for Violations of the Public Official Election Act and Damage to Property);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is deemed to have been damaged by the defendant without justifiable grounds. In light of the purpose of legislation of the Public Official Election Act to protect the elector’s right to know, freedom of election campaign and fairness of election, utility of legitimate election management, etc., and the form and method of the crime, etc.

arrow