Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On April 23, 2017, around 00:10, the Defendant discovered election posters of candidates related to the 19th presidential election, which are installed in the gate of Gwangju, on the D neighboring road located in Seo-gu, Seo-gu, Gwangju, and led to a large quantity of 200 meters after opening the poster on the ground that the place of installation is not in mind.

Accordingly, the defendant damaged the poster under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on an investigation of witnesses;

1. A seizure list;

1. Application of the damaged poster and photograph Acts and subordinate statutes;

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. The scope of punishment by law: Fine not exceeding 4 million won;

2. Whether the sentencing criteria are applied: Whether the sentencing criteria are not set; and

3. The instant crime of determining sentence is an unfavorable circumstance where the Defendant, without good cause, destroyed the poster for an election under the Public Official Election Act, thereby impairing the right to identify the elector, impairing the fairness of the election, and impairing the utility of the election management, and the quality of the crime is not somewhat unfavorable.

On the other hand, there is no objective to obstruct the election campaign of a specific candidate, and the defendant has no record of criminal punishment for the same kind of crime.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions specified in the pleadings of this case, such as the age, sex, environment, family relationship, and motive of the crime.