Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is a person who serves as the director of the management office of C in the south of Korea.

No one shall damage or remove any poster, placard or other propaganda facilities under the Public Official Election Act without justifiable grounds.

Nevertheless, on April 4, 2020, at the entrance of the above C around 15:49, the Defendant removed a banner by cutting up the election banner of the candidate F for the 21st election district E party to the election district of the 21st election district, which was installed to reduce pedestrian migration routes, and then damaged the banner by dumping it into neighboring waste bags.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on occurrence of a violation of the Public Official Election Act;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 50,000 to 4,000,000; and

2. Scope of recommending sentencing criteria: The sentencing criteria shall not be set.

3. Determination of sentence: The instant crime of KRW 800,000 was committed by the Defendant, without good cause, that is, the Defendant’s damage the banner of a candidate for an election of National Assembly members, and that is, such crime is not easy in that the right to know about the elector, fairness of election, and efficiency of election management.

However, there are favorable circumstances in sentencing, such as the defendant's recognition of the crime and reflects his mistake, that the defendant does not seem to have damaged a banner for the purpose of influencing the election, or that the defendant has no record of punishment for the same kind of crime. In addition, this case's age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, etc.