No person shall obstruct 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.

그럼에도 불구하고 피고인은 2017. 4. 28. 05:33 경 서울 서초구 방 배로 37길 11( 방배동) 방 배 맴 피스 현대 아파트 101동 외벽에 게시된 제 19대 대통령 선거 후보인 기호 C D 정당 E 후보의 선거 벽보 오른쪽 눈 부위를 아무런 이유 없이 손톱으로 약 4.5cm ×5cm를 찢어 선거 벽보를 훼손하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to video recording materials for committing a crime);

1. Application of the statutes on data to the crime scene CDs, the scene of the crime, and the movement of suspects;

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. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 59(1) of the Criminal Code of the Suspension of Pronouncement (a favorable condition for sentencing as below), the Defendant and the defense counsel had a mental and physical weakness condition since the Defendant’s symptoms of dementia occurred at the time of committing the instant crime

The argument is asserted.

Comprehensively taking account of various evidence duly adopted and examined by the court, the defendant is recognized as having received diagnosis of dementia even on June 21, 2017, but in light of the background leading to the crime of this case and the conduct before and after the crime, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to dementia at the time of the crime, and thus, the above assertion is rejected.

The reasons for sentencing are not set the sentencing criteria.

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The crime of this case in which the sentence of sentence is determined shall be flicked with part of the election posters posted on the outer wall of the trees that the defendant walk.