The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant operates the “D” convenience points in Seo-gu, Seoan-gu, Seoan City.

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.

Nevertheless, on May 31, 2018, the Defendant removed both fixed strings that support banners using the above convenience store signboards operated by the Defendant, on the ground that the Defendant’s election campaign banner 2, an election campaign banner of a candidate for a political party of H political party of the H inananananan City, which was posted in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, would interfere with business by leaving the above convenience store signboards operated by the Defendant.

Accordingly, the defendant removed two banners under the Public Official Election Act without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Images used at the time of removal of a banner, among CCTV recording materials;

1. Application of Acts and subordinate statutes to CCTV video files;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Punishment to be suspended 500,000 won;

1. Articles 70(1) and 69(2) of the Criminal Act (where a defendant fails to pay the above fine, 10,000 won shall be confined in a workhouse for the period converted into one day) of the Criminal Act attracting him/her in a workhouse;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The instant crime of determining sentence is that the Defendant removed an election campaign banner pursuant to the Election of Public Officials Act without justifiable grounds, and the foregoing act is not easy in that it impairs the right of the elector to know, the fairness of the election, and the utility of the election management.

On the other hand, however,