Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won shall be converted into one day.

Punishment of the crime

The Defendant is a person who operates an indoor fishing place under the trade name of “D” in Incheon Southern-gu C.

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

Nevertheless, at around 00:40 on June 1, 2018, the Defendant removed the above election banner by cutting the signboard of a candidate F for a member of the 7th simultaneous local election E member of the instant indoor fishing place, which was installed between the street trees, into a knife with a knife for the instant indoor fishing place, on the ground that the signboards of the above indoor fishing place have been cut off.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of CCTV Acts and subordinate statutes;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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;

1. Scope of applicable sentences under law: 50,000 won to 40 million won;

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

3. The crime of this case where a sentence of punishment was determined is one that impairs the right to identify the elector, the fairness of election, and the efficiency of election management, and the liability for such crime is not minor;

However, there is no intention to obstruct the election campaign of a specific candidate for the defendant, and the fact that the removed candidate does not want the punishment of the defendant is favorable to the defendant.

In addition, various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and means of the crime, and circumstances after the crime.