A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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, or damage or remove them without any justifiable reason.

1. On April 27, 2017, around 06:00, the Defendant attached a fire with a tag on the D’s poster face among “the 19th presidential election campaign poster” attached to the outer wall of the Eunpyeong-gu Seoul, Seoul.

Accordingly, the defendant damaged the above poster without any justifiable reason.

2. On April 27, 2017, around 06:08, the Defendant: (a) destroyed part of the Defendant’s election banner at the front of the market for the unification of Eunpyeong-gu Seoul, Seoul; (b) at the crosswalk for the joint signature of 850, at the front of the market; and (c) at the end of the D candidates’ election banner

Accordingly, the defendant damaged an election banner without any justifiable reason, and at the same time destroyed the object and caused public danger.

Summary of Evidence

1. The legal statement of the defendant (part of the defendant);

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. CCTV image data;

1. Application of Acts and subordinate statutes to internal investigation reports (STV image verification, banner damage), and internal investigation reports (the counter search of business entities charging charge cards);

1. Article 240 (1) of the relevant Act on the Election of Public Officials (a point where each election poster is damaged) concerning facts constituting an offense, and Article 167 (1) of the Criminal Act (a point where general goods are damaged);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Public Official Election Act around April 27, 2017 and the crime of fire prevention of general goods in its holding on April 27, 2017, and the punishment imposed on the crime of fire prevention of general goods heavier than the punishment [the punishment imposed on other crimes in a concurrent relationship with an election shall still be imposed on one of the most severe crimes under Article 40 of the Criminal Code. In such a case, in light of the legislative intent of handling the crimes differently under the Public Official Election Act and the amendment history of the provision, the most severe crime subject to the punishment shall be asked whether the crime is an election offender.