When the defendant does not pay the above fine, 100,000 won.

The Defendant is a person who operated a clothing store on the first floor of Gangdong-gu Seoul Metropolitan Government.

No one shall damage or remove any poster, placard or other propaganda facilities under the Public Official Election Act without justifiable grounds.

On April 21, 2014, at around 10:10, the Defendant removed the above banner from his hand, on the ground that the banner of F of Preliminary Candidates for the E-election District of Gangdong-gu Seoul Metropolitan Government Council members (a) installed at the entrance column of the parking lot in front of the first floor of the above B building (70 cm, length 180 cm, length 180 cm) would give publicity of the Defendant’s clothing store, and left it alone after the board at the entrance of the above parking lot.

Accordingly, the defendant removed the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement;

1. Application of Acts and subordinate statutes governing field documentary evidence 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. In this case, the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is the case where the defendant removed a banner, which is an election campaign material, without justifiable grounds, in light of the legislative intent of the Public Official Election Act that protects the right to know of the voters, the fairness of election, the utility of election management, etc., the crime cannot be deemed to be light.

However, the Defendant removed the banner on the ground that the banner was fluent for his own advertising, and there are extenuating circumstances to some extent, and there seems to have been no political intent to influence the election. The Defendant recognized his mistake and is in profoundly against the Defendant, and sought the Defendant’s wife after installing the banner, etc., taking into account the circumstances favorable to the Defendant, the Defendant’s age, character and conduct, and environment.