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 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.
At around 04:00 on April 6, 2016, the Defendant discovered a poster for four candidates for the election campaign in the 20th election campaign, which is a propaganda facility for the election of the National Assembly members at the 20th new apartment entrance, which was posted at the wall of the 20th election of the National Assembly members at Kim Jong-dong, and the Defendant laid down the poster on the ground that it appears to be duplicated, and put it in a garbage bag.
As a result, the Defendant removed posters, which are propaganda facilities established by the Public Official Election Act, without justifiable reasons.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols of seizure and list of seizure, posters and photographs;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 240 (1) of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting a crime;
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. The sentencing criteria are not set for the instant crime.
3. Determination of sentence: The crime of this case, which constitutes a fine of KRW 1 million, is a situation unfavorable to the defendant because the defendant, who is an environmental element, was removed for the reason that the poster for the election of the National Assembly member seems to be dissatisfed, and the nature of the crime is not weak due to the removal, and the crime that damages election posters, etc. infringes on the fairness of the election, the right of the elector to know, etc., and thus requires strict punishment.
On the other hand, the defendant is a disabled person of Grade III with mental delay, there is no past criminal punishment, the election poster appears to have committed the crime of this case without any political intent, the fact that the defendant should support his parent and male ties, and the defendant's will against the defendant.