공직선거법위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
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.
On May 22, 2014, the Defendant, at around 23:38, damaged the poster equivalent to about 10 meters in length, which is located on the wall of 151, the sixth-ro, 32-gil, Gwangjin-gu, Seoul, on May 2, 201, stated the summary of candidates for nationwide local elections.
Accordingly, the Defendant damaged posters under the Public Official Election Act without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Filing a report on occurrence and the application of statutes governing field photographs;
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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case where the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, damages election posters cannot be deemed to be light of the purpose of legislation of the Public Official Election Act to protect the elector's right to know, fairness of election, utility of election management, etc.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant has divided his mistake into primary offenders, the fact that the defendant committed the crime of this case in contingency under the influence of alcohol, and that the political intent or purpose is deemed to have never existed to influence the election, etc., the defendant shall be considered as favorable to the defendant, and the punishment as ordered shall be determined by taking into account all other circumstances, such as the defendant's age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, which are conditions for sentencing specified in the arguments