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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who operates a mobile phone sales store.
On May 2, 2017, the Defendant damaged the 19th presidential election campaign poster C, which was attached to the wall of the 19th presidential election campaign poster in front of the Suwon-gu, Young-gu, Young-gu, Suwon-si, Suwon-si, 57, by setting fire to the wall of the 57th presidential election campaign site.
Accordingly, the Defendant damaged posters under the Public Official Election Act without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. A photograph damaged by a poster;
1. The CCTV screen of suspect CCTV at the scene of the crime, and CCTV screen for the crime - CDs;
1. Application of Acts and subordinate statutes to report internal investigation of a suspect;
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. 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. Whether the sentencing criteria are applied: Decision not to set the sentencing criteria;
3. The Defendant, without good cause, destroyed an election poster attached to the wall surface of a public place, thereby impairing the right of voters to know, and the efficiency of election management.
However, it appears that the Defendant was committed in the course of the instant crime in a situation where the judgment power is confiscated by force, and it appears that there was no purpose to interfere with any political intent or election campaign to influence the election, and that there was no criminal history for the Defendant. It is the circumstances favorable to the Defendant that there was no criminal history for the Defendant.
The punishment shall be determined as ordered by taking into account such circumstances and other circumstances of sentencing as the defendant's age, sexual conduct, motive, background, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the pleading.