logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.03.23 2017고합167
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2017, around 21:51, the Defendant removed the entire poster for the 19th presidential candidate election of the 19th presidential candidate, which was installed in the fence, in front of the 24Macheon-ro, Songpa-gu, Seoul, 61,00,00, in hand, and damaged, respectively, by putting the entire poster for the 19th presidential candidate election of the 19th presidential candidate, which was installed in front of the 20,000 Macheon-ro, Songpa-gu, Seoul, and around 21:57, the same day after the locking.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol against B and C;

1. Investigation report (verification of CCTVs against suspects) and investigation report (related to comparison between DNA and A, discovered at the site and DDA);

1. Application of Acts and subordinate statutes to a report on the results of field identification and a response to a request for appraisal;

1. Article 240 (1) of the relevant Act and the Act on the Election of Public Officials for the Selection of Punishments, concerning facts constituting an offense;

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 (an aggravated punishment for concurrent crimes prescribed in a violation of the Public Official Election Act around April 25, 2017, with heavy circumstances);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case, the sentence of which is determined, shall not be minor as impairing the right of electors to know and the efficiency of election management;

However, it seems that the defendant did not have any political intent or purpose to influence the election by committing the crime of this case contingently.

In addition, various sentencing conditions recorded in the records, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment as ordered shall be determined.

arrow