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

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

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, on April 28, 2017, the Defendant cut off on the ground that, in accordance with the Public Official Election Act, one banner (6 meters in width, 1.5 meters in length) of a candidate for C, posted at the intersection at the election management committee under the Public Official Election Act, for the 19th presidential election implemented on May 9, 2017, the Defendant was at the top of the order bus terminal located in the port of Gangseo-gu, Gangnam-gu, Seoul Special Metropolitan City, and the 19th presidential election implemented on May 9, 2017, the Defendant confirmed whether the pre-owned household was well in the influence of alcohol.

Accordingly, the defendant has damaged one banner set up by the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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 to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: A fine not exceeding four million won;

2. The sentencing criteria are not set.

3. Determination of sentence: The Defendant damaged the elector’s right to know, fairness of election, utility of election management, etc. by damaging an election banner under the Public Official Election Act without justifiable grounds.

However, the defendant has no record of criminal punishment, and recognizes and reflects the crime.

It does not seem that the purpose of interfering with the political intention or election campaign of a specific candidate to influence the election due to the contingent crime.

In full view of these circumstances, the defendant's age, sex, environment, motive, means and result of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.