Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one 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 justifiable grounds.
1. On April 5, 2020, the Defendant: (a) around 22:13, at the early January 5, 2020, damaged the 21st National Assembly election campaign posters posted on the fence of the 21st National Assembly member, which was located on the fence of the Daminian Institute D apartment complex located in B, Gangwon-si, Gangwon-si.
2. On April 6, 2020, the Defendant damaged F Candidate’s campaign posters in the same manner and at the same place as Paragraph 1, at around 22:23.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. The police seizure record and the list of seizure;
1. Application of statutes, such as investigation reports (CCTV verification) and field photographs;
1. Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act and the selection of fines for criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Public Official Election Act of April 6, 2020), among 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;
2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply.
3. It is more so in that the crime of this case in which a sentence of sentence was rendered cannot be assessed somewhat in that it harms the elector’s right to know, the fairness of election, and the efficiency of election management, and in particular, it damages the poster of a candidate for the election of the National Assembly member by combining the two pages.
However, it is advantageous to the fact that the defendant recognizes all of his own crimes, and the defendant does not have any particular criminal record in addition to two different types of fines.