The sentence of sentence against the defendant shall be suspended.

Criminal facts

No person shall interfere with the preparation, posting, 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, at around 23:00 on April 1, 2016, the Defendant discovered a banner (500cm, 90cm, e.g., “H” (500cm, e., e., e., 90cm) with the content that “H” installed between street lamps and pine trees in front of the above restaurant, which was implemented on April 13, 2016 by the Defendant, in front of the D restaurant operated by the Defendant in Jung-gu Seoul, Seoul, and the 20th election of the National Assembly member, which was implemented on April 13, 2016.

Accordingly, the defendant removed the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. On-site photographs (the sequence 7,9 of the list of evidence) and photographs of criminal tools;

1. 112 A list of reported cases;

1. Responses to requests for cooperation in investigation and the application of reply statutes to requests for cooperation;

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 (100,000 won per day converted);

1. The reason for sentencing under Article 59(1) of the Criminal Act (the sentence subject to suspended sentence: a fine of KRW 500,000) of the suspended sentence is that the Defendant, without good cause, damaged posters for election under the Public Official Election Act, thereby impairing the elector’s right to know, the fairness of election, and the utility of election management. In light of the foregoing, the liability for such crime is not less complicated.

However, there is room for the Defendant to view the instant banner as an illegal banner with only the appearance of promotional materials, as well as having the signboards and entrances of the store operated by the Defendant, and the phrase “H” among the contents thereof is likely to be adhered to the illegal banner with only the appearance of promotional materials.