A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

No person shall interfere with, damage, or remove any poster, placard or other propaganda facilities under the Public Official Election Act without any justifiable reason.

1. On May 27, 2014, at around 05:45, the Defendant removed one banner of D’s candidate D (Ga 7m, 1.4m in length) of candidate for Gu Council members of the City of Dong local election C party at the City of Dong local political party at the 6th day of Dong local election, which is set up on B B of Gwangjin-gu Seoul Special Metropolitan City, and one banner (Ga 7m, 1.4m in length) of candidate E of Gu Council members, respectively.

2. Around 05:00 on May 28, 2014, at the same place as Paragraph 1, the Defendant removed, respectively, one banner (a 7m, length 1.4m) and one banner (a 7m, length 1.4m, length 1.4m).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Elimination photographs of banners, flacards photographs, removalphographs of placards, flaps and photographs;

1. Application of each existing Act and subordinate statute of each one (Evidence 1) and one even one (Evidence 2) that has been seized;

1. Relevant provisions of the Act and Article 240 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In this case, the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is the case where the defendant removed the banner, which is the promotional materials of two elections without justifiable grounds, and it cannot be deemed that the nature of the crime is light in light of the legislative intent of the Public Official Election Act, which intends to protect the right of the voters to know, the fairness of election, and the utility of election

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has no criminal record exceeding the fine, the age of 69, and the fact that the crime of this case does not seem to have had a significant impact on the result of the election, all of the sentencing conditions specified in the records and arguments of this case, such as character, environment, motive, means, results, and circumstances after the crime.