Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

1. On April 22, 2017, the Defendant: (a) went back to the new elementary school located in Chungcheongnam-si, Sucheon-ro 86, Young-ro; (b) the Defendant 19th presidential election campaign posters installed in the place under the influence of alcohol, which divided C candidate’s poster into hand, among the election posters for the candidate for the 19th presidential election, and cut down by paying a hole.

Accordingly, the Defendant damaged posters under the Public Official Election Act without any justifiable reason.

2. On April 22, 2017, the Defendant committed the second crime: (a) around 05:04, the Defendant fell into the second degree adjacent to the new village of the Heungnam church, the Hancheon-ro 68, Young-si, Sucheon-ro, Sucheon-ro, 200; (b) on the 19th presidential election poster installed at the place under the influence of alcohol, he saw C candidate’s poster as his hand and teared both.

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. On-site photographs and damaged photographs;

1. Application of CCTV image data and CD-related Acts and subordinate statutes;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 240 of the Act on the Election of Public Officials;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes against a violation of the Public Official Election Act, which has hot holding that the circumstances are more severe);

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 6 million won;

2. Whether the sentencing criteria are applied: Decision not to set the sentencing criteria;

3. The Defendant, without good cause, destroyed election posters posted on the wall surface of a public place, thereby impairing the right of voters to know, and the efficiency of election management.

However, the defendant seems to have reached the crime of this case in the situation where the judgment power is congested rapidly, and it appears that there was no objective of obstructing political intent or election campaign to influence the election, and that there was no same criminal history, in favor of the defendant.