공직선거법위반
Defendant shall be punished by a fine of KRW 800,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
No one shall obstruct the preparation, posting, posting, posting or installation of election posters, placards or other propaganda facilities as prescribed by the Public Official Election Act, or damage or remove them without any justifiable reason.
Nevertheless, around 1:34 on December 1, 2012, the Defendant removed one poster for the election of the candidates D No. 1 No. 1 of the 18th presidential election mark, which was posted on the lower wall of the 18th presidential election, in his/her own hands, and damaged it in a way that he/she left it.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to an additional meeting of site photographs, each investigation report, meetings of video analysis results, and results of video analysis;
1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the fact that the election posters under the Public Official Election Act are damaged without justifiable grounds for sentencing of Article 334(1) of the Criminal Procedure Act, thereby impairing the fairness of the election and the utility of the election management, etc., the punishment for the crime is not less complicated.
However, considering all kinds of sentencing conditions shown in the arguments of this case, including the Defendant’s age, character and conduct, circumstances before and after the crime, means and methods of the crime, family relationship, etc., including the fact that the Defendant confessions the crime of this case and reflects the depth thereof, the Defendant is the primary offender, and the Defendant committed the crime of this case in contingency under the influence of alcohol without any malicious sentiment or political intent.