2017Gohap132 Violation of the Public Official Election Act

A

In the case of the Hunting Do Governor (Court of Prosecution), the first day (Court of Public Trial)

Attorney B (Korean National Assembly)

August 24, 2017

Defendant shall be punished by a fine of KRW 700,000. If the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for the period converted into one day.

The defendant shall be ordered to pay the amount equivalent to the above fine.

One knife (No. 1) of seized phrases shall be confiscated.

Criminal facts

On April 21, 2017, at around 18:30, the Defendant discovered the poster of the 19th presidential election D, which was attached to the wall in front of the 19th presidential apartment at Kimhae-si, Kim Jong-si, and was in the form of X using a knife (14.5cm in total length, 7cm in knife length, No. 1).

The Defendant continued to move the place and found the poster of the 19th presidential election D, which was attached to the wall on the front of the e elementary school, and was in the X form using the above knife. Accordingly, the Defendant damaged two posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records and total list of seized articles;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of damaged posters and photographs), and accompanying documents;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 240(1) of each 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 (Aggravation of concurrent crimes with punishment prescribed in the Public Official Election Act prior to E Elementary Schools with heavy circumstances)

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;

Judgment on the defendant's argument under Article 334 (1) of the Criminal Procedure Act

The Defendant asserts to the effect that, at the time of each of the instant crimes, the Defendant was under the influence of alcohol at the time of the instant crimes, and furthermore, the Defendant was in a state of mental and physical disability. Taking into account various circumstances, such as the background of each of the instant crimes, the means and methods of the instant crimes, and the circumstances after the instant crimes, which can be recognized by the records, the Defendant was in a state of somewhat drunk alcohol at the time of each of the instant crimes, and the Defendant did not appear to have been in a state of having no or weak ability to discern things or make decisions. Accordingly, this part of the Defendant’s assertion is rejected.

1. The grounds for sentencing; The scope of applicable sentences by law: Fines not exceeding 6 million won;

2. Scope of recommendations on the sentencing criteria: The sentencing criteria are not set for violations of the Public Official Election Act.

3. Circumstances favorable to the decision of sentence; and

The Defendant, while drunk without any special political purpose, does so in a contingent manner without preventing each of the crimes of this case.

- The attitude of confession and reflecting each of the crimes in this case

- The family members of the defendant want to take the action against the defendant

- The defendant has no record of being punished for the same crime or of being punished in excess of a fine, and the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime are committed shall be comprehensively considered to determine the sentence as ordered, by taking into account all the factors of sentencing as

The presiding judge, judge and chief offender;

Judges Kim Gin-soo

Judges flooded Jins