2020Gohap9 Violation of the Public Official Election Act

A

Kim Jong-chul (Court of First Instance) and Kim Jin (Court of Second Instance)

August 27, 2020

Defendant shall be punished by a fine of KRW 1,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

Seized evidence subparagraph 1 shall be forfeited from the accused.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

No one shall interfere with, damage, or remove any poster, placard, or other propaganda facilities under the Public Official Election Act, without any justifiable reason. Around April 22, 2020, the Defendant damaged the preparation, posting, posting, posting, or installation of a poster, placard, or other propaganda facilities. Around April 5, 2020, the Defendant was posted on the fence of the 21st National Assembly member who was posted on the fence of the 21st National Assembly member's election campaign poster No. E, in front of the 21th National Assembly member's campaign poster posted on the fence of the 20th National Assembly member, Gangwon-si, Gangwon-si, Gangwon-si, the Defendant damaged the F candidate campaign poster in the same manner as that of paragraph (1) at around April 22, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The police seizure record and the list of seizure;

1. Application of statutes, such as investigation reports (CCTV verification) and field photographs;

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 for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Public Official Election Act of April 6, 2020), Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

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. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply.

3. It is more so in that the crime of this case is committed in that the determination of sentence harms the elector’s right to know, the fairness of election, and the efficiency of election management, and in particular, the Defendant’s poster for the same election campaign is damaged.

However, it shall be considered that the defendant is fully aware of his own crime and the prevention of recurrence, the defendant has committed no special offense in addition to the punishment twice, etc., taking into account the favorable circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

The presiding judge, new judge and judge;

Judge Cho Jae-han

Judges Kang Jae-sung