Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The facts charged are modified to the extent that it is not likely to substantially disadvantage the defendant's exercise of his/her right of defense.

On April 4, 2020, at around 07:45, the Defendant discovered the posters of the Category D candidate No. 21 National Assembly members election posters posted on the Dongjak-gu Seoul Metropolitan Government 21th National Assembly members election campaign, and reported X-ray on the poster photograph face using the cream which he was in his ordinary seat.

Accordingly, the Defendant damaged campaign posters without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the raising of a suspected suspect and attaching CCTV data related to mobile routes);

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 4,00,000 won;

2. Not setting the sentencing criteria: The same shall not apply to a violation of the Public Official Election Act due to damage to campaign posters;

3. Determination of sentence: A sentence to a fine of KRW 700,000 which is disadvantageous to the defendant: The crime of this case is a case in which the defendant damages the poster of a candidate for the election of a National Assembly member under the influence of alcohol, and in that such crime harms the elector’s right to know, the fairness of election, and the efficiency of election management, and thus, cannot be assessed somewhat.

A favorable circumstances: The Defendant acknowledges all the crimes of this case, and repents the mistakes.

The defendant's attempt to benefit a specific candidate does not seem to have committed a crime due to political interests, such as provoking a specific candidate, and the defendant has no particular criminal history other than one time before and after the punishment of the same.

In addition, the defendant's age, character and conduct, environment, family relationship, health condition, motive, means and result of the crime, and all of the sentencing factors shown in the records and arguments of this case, such as the circumstances after the crime.