A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall damage posters, etc. under the Election of Public Officials Act without justifiable grounds.

Nevertheless, on April 23, 2017, the Defendant damaged the poster of the 19th presidential election E, which was attached to the D Park located in the Gu Park in the Gu Park in the Gu Park in the 19th presidential election from April 23, 2017 to 15:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each report on internal investigation (Evidence Nos 2, 8);

1. Relevant Article 240 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 240 (1) of the Act on the Election of Public Officials;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the Defendant, among the reasons for sentencing) of the suspended sentence is that the Defendant destroyed the poster of a candidate at the time of gambling on the election day, and posted a photograph that has been damaged thereafter, and the nature of the crime is not good. The crime that damages the poster attached to the instant case is a crime that impairs the elector’s right to know and the efficiency of election management, etc. is disadvantageous to the Defendant.

However, considering the circumstances favorable to the Defendant, such as the Defendant’s character and conduct, motive, background, means and consequence of a crime, and circumstances after a crime, the punishment as ordered is determined in light of various sentencing conditions indicated in the record.