No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without any justifiable reason.

Nevertheless, the Defendant, at around 00:43 on April 6, 2016, damaged posters in accordance with the Election of Public Officials Act without justifiable grounds, stating three candidates for the 20th National Assembly members and four candidates for the re-election market in his/her hand, who are posted on the fence of the Jeju apartment complex 134, a 76-gil, a 136-gil, as the Dori-si, Seoul, and four candidates for the re-election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of statutes on site photographs;

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. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 51 of the Criminal Act as stated in the following grounds for sentencing) (see, e.g., Supreme Court Decision 201Do1448, Apr. 2

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

1. The act of damaging election posters established by the Public Official Election Act without justifiable grounds, such as the instant crime, as for the reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (100,000 won a day) of the Criminal Act, without justifiable grounds, can impair the fairness of election, the usefulness of election management, etc.

shall not be deemed to exist.

However, there is no sentencing guidelines for all kinds of sentencing conditions on the instant records, including the motive, means and results of the instant crime, the circumstances after the instant crime, the age of the Defendant, environment, and sexual conduct, as well as the fact that the Defendant, while under the influence of alcohol, committed the instant crime, did not seem to have any intention to obstruct election campaigns of a specific candidate, unlike the Defendant who committed the instant crime.

(1) In full view of the foregoing, the sentence shall be determined as ordered.