A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

No person shall obstruct 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, on April 22, 2017, the Defendant: (a) around 05:13, in Seodaemun-gu Seoul, the 19th presidential election poster, which was attached to the outer wall of the house, was put in the face of the candidate D (E times), F (C) and H (H (H once) of the “the 19th presidential election poster” attached to the outer wall of the house. Accordingly, the Defendant damaged the above election poster without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting cooperation in investigation (request for factual inquiry);

1. Application of Acts and subordinate statutes to report internal investigation (referring to attaching damaged posters and photographs and specific developments at the time of committing the crime);

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. The scope of punishment by law: Fine not exceeding 4 million won;

2. Determination of sentence: The crime of this case in which the defendant committed the crime of this case in KRW 500,000 by using a knife and damaged part of the photograph of some candidates among the election posters attached on the wall; the crime of this case was imminent on the relevant election day; and the crime of this case occurred due to the damage to the poster, the elector's right to know, the fairness of the election, and the utility of the election management, etc.; under the circumstances unfavorable to the defendant, the defendant did not have any past record of criminal punishment before the crime of this case; the defendant committed the crime of this case in this case, rather than the defendant planned to commit the crime in accordance with a specific political intent, it is deemed that the defendant committed the crime of this case in a contingent impulse to reflect on the specific candidates; and there is no significant influence on the election due to the crime of this case.