No person shall interfere with the preparation, posting, posting, posting, or installation of posters, placards, or other publicity rooms under the Public Official Election Act, or damage or remove them without justifiable grounds.

그럼에도 불구하고 피고인은 2017. 4. 28. 05:33경 서울 서초구 방배로37길 11(방배동) 방배맴피스현대 아파트 101동 외벽에 게시된 제19대 대통령선거 후보인 기호 CD 정당 E 후보의 선거벽보 오른쪽 눈 부위를 아무런 이유 없이 손톱으로 약 4.5cm×5cm를 찢어 선거벽보를 훼손하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to video recording materials on the surface of each criminal administration);

1. Application of the Acts and subordinate statutes on video CDs on the face of a crime, the scene of the crime, and the closure of suspect travel data;

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 Fine)

1. Punishment amount to be suspended: 500,000 won;

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

Judgment on the argument of the defendant and defense counsel

The defendant and defense counsel asserted that the defendant showed symptoms of dementia at the time of committing the crime of this case, and they were in a state of mental disability.

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.

Sentencing 1)

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

2. Determination of sentence;

The crime of this case is that some of the campaign posters posted on the side of the roadside of the defendant walking, are removed by a hack, and the crime of this case is not easy in that it harms the elector's right to know, the fairness of election, and the efficiency of election management.

However, since the damaged portion of campaign posters is not so damaged, the degree and awareness of illegality are relatively insignificant, and there is no criminal power. The defendant has disabilities and dementia diseases falling under class 6 of the age of 72, the age of 72 years old. However, although the defendant has a disability and dementia disease, he/she is living a dead-work to support his/her spouse without receiving proper medical treatment due to economic difficulties.

In addition to these various circumstances, the sentence shall be suspended after selecting a fine in consideration of the various circumstances shown in the records and pleadings, such as character, conduct, intelligence and environment of the defendant, motive and consequence of the crime, and circumstances before and after the crime.

Judges Sung Jae-in

Judges' Index