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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall interfere with the preparation, posting, posting or installation of posters, placards or other propaganda facilities under the Election of Public Officials Act without any justifiable ground, or damage or remove them.
Nevertheless, at around 23:00 on June 7, 2018, the Defendant discovered a poster G of a candidate F political party for "election district of Gwangju Dong Council member E" related to the 7th simultaneous local election at the wall located in Gwangju Dong-gu according to the Public Official Election Act, which was posted on the wall surface of the D parking lot in Gwangju-gu, Gwangju-gu, Gwangju-gu, and then laid down a poster in the vicinity of the candidate H (F party candidates for the election of the Metropolitan Council member in Gwangju Metropolitan City Council member) he knows to his usual support as the competitor of the candidate H (F party candidates for the Gwangju Metropolitan City Council member), and then laid off the poster in the middle part of the free view, after he teared the front edge of the G poster by hand, and then laid off the poster by hand.
Accordingly, the Defendant removed posters under the Public Official Election Act without justifiable reasons.
Summary of Evidence
1. Statement by the defendant in court;
1. Each report on internal investigation (including the photographs Nos. 4, 9, and each accompanying document);
1. Application of Acts and subordinate statutes governing criminal video CDs;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of punishment: Fines of 50,000 to 40 million won;
2. The scope of the recommended sentencing criteria is not set.
3. The crime of this case in which the defendant committed the crime of this case, without a justifiable reason, is not against the duty of punishment in terms of infringing the right of the person who has the right to know and hindering fair election campaigns, etc., because the defendant teared the poster under the Public Official Election Act, and damaged the poster by removing it.
However, the fact that the defendant seems to have recognized all the facts of the crime, and the defendant was aware of himself as a competitor of the candidate who supported by contingency under the influence of alcohol and committed the crime.