On April 22, 2017, at around 21:00, the Defendant damaged the poster for the 19th presidential election from April 23, 2017 to April 20, 2017, the 19th presidential election of the F candidate, among the posters for the 19th presidential election of the F candidate, attached to the outer wall of the 19th presidential election, on the ground that the increase of F candidate, who is a political party candidate E, was not in mind, was not in mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each damaged poster, scene photograph, on-site inspection photograph, each damaged poster photograph, and field photograph;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Public Official Election Act around April 23, 2017, with the largest quality of the crime)

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

1. Reasons for sentencing under Article 59 (1) of the Criminal Act (limited to a suspended sentence: fine of 500,000 won, and a period of custody for conversion: 100,000 won per day);

1. Scope of punishment by law: A fine not exceeding six million won;

2. The crime of this case committed by the Defendant who was sentenced to sentence would undermine the right of elector to know, the fairness of election, and the efficiency of election management.

On the other hand, it seems that the defendant committed a crime against the defendant in depth while committing a crime, committed a first offense with no criminal history, and did not have any political intent or purpose to interfere with election campaign to influence the election.

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in pleadings, such as the fact that the defendant is aged and unsworn, the economic situation of the defendant, educational degree, family relation, environment, age, sexual conduct, motive, circumstance, means and consequence of the crime, and the circumstances after the crime.