logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.09.06 2018고합353
공직선거법위반
Text

The sentence of punishment against the Defendants shall be suspended.

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, the Defendants, at around 12:30 on May 31, 2018, installed in the column of the crosswalk signal, etc. in front of the cell phone of “E” in which the Defendants were working for the Defendants in Silung-si.

On the grounds that one banner of the election banner of a candidate for a political party G for the Gyeonggi-do branch election, which was carried out on June 13, 2018, and one banner of the election banner of the candidate I for the election of the National Assembly member H party I for the election of a National Assembly member, which was carried out on June 13, 2018, the Defendant A her string the spons of the banner, and Defendant B her string the string of the banner, and kept the banner away from the floor at the above store.

Accordingly, the Defendants conspired to remove the banner installed by the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes governing the CCTV removal of banners;

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. A fine of 500,000 won to be imposed for a suspended sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (in a case where the Defendants did not pay each of the above fines, the Defendants shall be confined in the workhouse for the period calculated by converting the amount of KRW 100,000 into one day, respectively) of the Criminal Act to the detention in the workhouse;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. Fines of 50,000 to 4 million won within the applicable sentencing range by law; and

2. The Defendants, without any justifiable reason, damaged propaganda facilities under the Election of Public Officials Act, thereby impairing the right of voters to know, fairness of election, and usefulness of election management.

However, it seems that the Defendants were led to confession and reflect, and that there was an intention to obstruct the election campaign of a specific candidate.

arrow