No person shall obstruct the preparation, posting, posting, posting or installation of posters, placards or other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

Nevertheless, around 11:34 on April 12, 2020, the Defendant removed a banner of “D candidates affiliated with the 21st National Assembly member election Cparty to the 21st National Assembly election” installed at the front of Ansan-si, Gyeonggi-do, on the ground that it interferes with the beauty room business of Defendant’s operation.

Summary of Evidence

1. Application of the victim's written statement of the defendant's legal statement D, 112 case handling table, investigation report (verification, such as recovery of victim's D electoral banner), CCTV photographs, and photographic Acts and subordinate statutes to banner 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. Penalty fine of 500,000 won to be suspended;

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

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. The scope of punishment: Fines of 50,000 to 4,000,000; and

2. Scope of recommending sentencing criteria: The sentencing criteria are not set.

3. The crime of this case in which the Defendant, without good cause, stringed the wire ropes of banners under the Public Official Election Act, and removed the banners without any justifiable reason, and such crime may impair the right of electors to know, the fairness of election, the utility of election management, etc.

However, it seems that there was no political intent or purpose to affect the election by recognizing the defendant's mistake and reflects his depth, the candidate of the banner is not punished against the defendant, the defendant seems not to have any political intention or purpose to influence the election by hindering election campaigns of specific candidates, and for the disposal of the banner which is interfered with the beauty room business.