Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, it shall be for ten days.

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 11:40 on May 6, 2017, the Defendant considered the 19th presidential election poster, which is implemented on May 9, 2017, installed on the outer wall of the 19th presidential election by the Election Management Commission under the Public Official Election Act, at around 9:0, the Defendant reduced the face of the D candidate’s photograph from the above election poster on one occasion, on the ground that the noise of the surrounding election campaign is too slow, while he was dissatisfied with the ordinary political and economic situation.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged by election posters;

1. Article 240 (1) of the relevant Act concerning facts constituting an offense and Article 240 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is deemed to have damaged the Defendant’s right to know about the elector’s election poster, the fairness of election, and the efficiency of election management, and thus, the nature of the crime is not easy, and the Defendant has the history of criminal punishment for property damage several times.

However, the Defendant recognized the instant crime, in depth, and committed the instant crime by contingently. Moreover, the degree of damage to one election poster is insignificant, and the political intent or purpose to influence the election is deemed not to have existed.

In addition, records, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.