Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

Nevertheless, on May 31, 2018, at around 17:50, the Defendant damaged the above placards by means of shocking the knife at once, on the ground that the distance banner of the candidates E for the election district in E for the Gyeonggi-do Council member and the candidates F for the Superintendent of the Office of Education of Gyeonggi-do, which was installed in front of the road in front of the building in the Dongcheon-si C Building, would interfere with pedestrian traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Each internal investigation report and investigation report (the details of the prosecutor's direction);

1. Application of statutes on site photographs;

1. Article 240 (1) of the Act on the Election of Public Officials in Charge of the relevant crime, Article 240 of the Act on the Election of Public Officials in Charge of the Election of Punishment (the damage to banner of an Do Council member election, the selection of fines), Article 49 (1) of the Local Education Autonomy Act, Article 240 (1) of the Public Official Election Act (the damage to banner of a Do Council member election, the selection of fines);

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Local Education Autonomy Act (an aggravated punishment for concurrent crimes with punishment prescribed in a crime of violation of the Local Education Autonomy Act with heavier quality);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to three million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The Defendant, without good cause, destroyed the banner of a member of the Do Council or a candidate of the Superintendent of the Office of Education, which is not a good crime in that it impairs the right of electors to know, the fairness of elections, and the efficiency of lawful election management.

However, if the defendant recognized the crime of this case, the defendant damaged the banner with the intention of influencing the election, or interfering with the election campaign.

(b) do not seem.