The sentence of sentence shall be suspended for the defendant.

Punishment of the crime

No person shall obstruct the preparation, posting, posting, posting, or installation of posters, placards or other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

Nevertheless, at around 20:55 on April 13, 2020, the Defendant removed the string of the banners in front of the C cafeteria operated by the Defendant, and on the ground that the 21st National Assembly member election campaign office established at the 21st National Assembly member E candidate election campaign office in relation to the election of the 21st National Assembly member, “the crime of publishing false facts may reduce the strings,” the Defendant removed the banners well.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment ofCCTV image data) to G on the statement of the police statement (whether the election commission for a banner posted is verified or not);

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. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 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 (hereinafter referred to as “contributable circumstances”), campaign posters, placards, etc. shall not be undermined without permission in that they guarantee the right of electors to know by providing each candidate with information about each candidate.

However, the fact that the defendant recognized the crime of this case, the fact that the defendant did not have the purpose of obstructing the election campaign of a specific candidate or political intent to especially influence the election, seems to have not been aimed at obstructing the election campaign of a specific candidate, and that the defendant was the first offender with no criminal power, prior to the crime of this case, and the defendant requested the public service center of the H Office to replace the banner by telephone before and after the crime of this case, and did not cause any damage.