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

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

The Defendant, as a business taxi driver, had been given an appraisal by the Gu Council member, on the ground that he was a Gu Council member while selling wood and drieds in an unauthorized building, and had previously been given a view that he would not be suitable for C to engage in her volunteer service activities.

피고인은 2014. 5. 25. 18:40경 서울 동대문구 전농동 440-9 래미안크레시티 3단지 303동 입구에서 그 곳 벽에 부착된 “D 국회의원이 선택한 후보!, 소통과 나눔으로 봉사하는 참일꾼!”이라고 적힌 E정당 소속 F구의원 후보자 C의 선거벽보를 보자 순간적으로 화가 나 들고 있던 우산으로 위 후보자의 얼굴 부위를 1회 찔러 위 선거벽보를 찢어지게 하였다.

Accordingly, the defendant damaged the poster for election under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. On-site report (specific description ofCCTV suspect);

1. Application of Acts and subordinate statutes to a copy of a report on the result of local elections;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act cannot be deemed to be light of the purpose of legislation of the Public Official Election Act to protect the elector’s right to know, fairness of election, utility of legitimate election management, etc.

However, considering the fact that the defendant was aware of and against the crime of this case, and that there is no political intention or purpose to influence the election.