When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

No person shall interfere with, damage, or remove any poster, placard, or other propaganda facilities under the Public Official Election Act without any justifiable reason.

Nevertheless, at around 17:00 on May 4, 2017, the Defendant opened the 19th presidential election campaign poster tape attached to the wall of Gangnam-gu Seoul Metropolitan Building in his hand without any particular reason, and damaged the top of the campaign poster G campaign poster of the E-party candidate (F) among them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each report on internal investigation (attached posters, damaged photographs, and photographs of arrest of flagrant offenders);

Application of Statutes

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. Articles 70 (1) and 69 (2) of the Act on the Detention in Labor House;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

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 not easy for the defendant to commit the crime of this case, and part of campaign posters are teared by hand, and the quality of the crime is not easy in that it harms the right of elector to know, the fairness of election, and the efficiency of election management.

However, the damaged portion of campaign posters is not so damaged, there is no criminal power above the suspension of execution, and the wave is collected in a situation where physical and economic difficulties are difficult, and living is continuing.

In addition to these various circumstances, the punishment as ordered shall be determined in consideration of 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