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 obstruct the preparation, posting, posting, or installation of any poster, placard or other propaganda facilities under the Public Official Election Act or damage or remove them without any justifiable reason.

그럼에도 불구하고 피고인은 2020. 4. 13. 20:09경 용인시 B에 있는 C역 앞 보행자도로에 이르러 그곳 난간에 부착되어 있는 제21대 국회의원 선거 벽보 중 기호 D번 E정당 F 후보자의 선거벽보 사진의 얼굴 부분을 소지하고 있던 맥가이버 칼을 이용하여 대각선(↙) 방향으로 20cm 가량 그어 이를 훼손하였다.

Accordingly, the defendant damaged one poster of the 21st National Assembly member election under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's protocol of suspect interrogation prepared by the prosecution as to the defendant's legal statement, each protocol of seizure of the police, list of the criminals, report on the occurrence of the crimes, each internal investigation report, the 112 reported case handling log photographs, and the full photograph of the suspect;

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

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The sentencing criteria are not prepared for the range of recommending sentencing criteria.

3. The defendant who made a decision on a sentence has damaged posters under the Public Official Election Act without justifiable grounds, and the criminal liability cannot be deemed to be minor.

However, the defendant appears to have committed the crime of this case in a somewhat contingent manner under the influence of alcohol, surrenders himself after the crime of this case was revealed, and shows his attitude to recognize and reflect his mistake, and it seems that there was no intention to affect the election, or to interfere with election campaigns of a specific candidate, and campaign posters are likely to have been damaged.