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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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.

Nevertheless, at around 01:55 on April 23, 2017, the Defendant posted a notice on the side surface of the apartment in the financial resources located on the 162-ro, Yong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City, about the trees under the influence of alcohol.

Of the election posters of the 19th presidential election, the B candidate and C candidate were cut down by hand.

Accordingly, the Defendant damaged the poster for the election of the candidates B and C under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs), internal investigation report (specific, etc. of the suspect), CCTV photographs around the scene, request for the appraisal of field fingerprints, on-site photographs related to the collection of fingerprints, and written response to fingerprint appraisal

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. Scope of applicable sentences: Fines of 50,000 to KRW 4,000,000;

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case where a sentence of punishment was determined is deemed to have partially damaged the poster under the influence of alcohol by the defendant, and such crime may impair the right to know the elector, the fairness of election, and the efficiency of election management.

However, the defendant only committed the crime of this case by drunkly and did not have any political intent or purpose to influence the election.

In addition to the various circumstances against the above defendant, the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions specified in the records and arguments of this case shall be considered, and the punishment shall be determined as ordered.