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

around 07:50 on March 28, 2018, the Defendant concealed a candidate banner with a size of 100,000 won in the market price established with authorization from the chairperson of the building election management of the building B in Seongdong-gu Seoul building C (76 tax) in front of the building C, Seongdong-gu Seoul, with the approval from the chairperson of the building election management of the building B, and one banner with a size of 1 meter in length, from a household guard E, to the head of the Ban, thereby impairing its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes on report (verification as to whether election notices of a union are illegal);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act concerning the confinement of a workhouse / [The Defendant and his/her defense counsel asserted that the act of setting aside the banner of this case is a justifiable act that does not violate social norms.

"Acts which do not violate social norms" in Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain acts constitute legitimate acts which do not violate social norms and thus are dismissed shall be determined on an individual basis, based on specific circumstances, by examining the appropriateness of the act.

In order to recognize such a legitimate act, the following must be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (d) urgency; and (e) supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2010Do2680, May 27, 2010). In other words, the following circumstances, which can be revealed by the records of the instant case, i.e., ① the instant banner is affixed with the seal of the Election Management Committee; (d) it is difficult to conclude that the instant banner is illegal; and (e) the Defendant, other than the election management committee members,