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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, the defendant shall be 50.
Reasons
Punishment of the crime
The preparation, posting, posting, or installation of posters, placards and other publicity facilities related to the election under the Public Official Election Act shall not be obstructed or damaged or removed without any justifiable reason.
1. On December 13, 2012, at around 02:02, the Defendant destroyed and removed the banner by falling off the banner on the floor by means of the stringing the string line with the front line of the 18th presidential election, No. 1 D candidate No. 1 of the 18th presidential election C, which was installed in the vicinity of the 1065-31 Y-dong, Gangseo-gu, Gangseo-gu, Seoul, 1065-31, the 8th presidential election.
2. On December 16, 2012, at around 06:00, the Defendant damaged and removed the banner by using a log in advance, which was in front of a banner for propaganda of D candidates No. 1 D ( approximately KRW 7.5m, about 1.2m in length), No. 1 of the 18th presidential election C, which was established in the vicinity of the 8th presidential election of the 18th presidential election district under paragraph (1), by falling off the banner on the floor by the method referred to in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Each protocol of seizure;
1. Application of Acts and subordinate statutes to the locker and log photographs used for committing a crime, photographs at the scene of each crime, records of reported cases in 112, and records of reported cases;
1. Article 240 (1) of the Public Official Election Act (Selection of Fines) concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in paragraph (2) of the same Article) among concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Legal penalty: A fine not exceeding 6 million won;
2. Sentence: Fines of 700,000 won; and
3. Each of the crimes of this case, where the defendant damaged the promotional materials of the candidate's election on the ground that he did not support a specific presidential candidate, cannot be deemed to be less that the nature of the crime is in light of the legislative intent of the Public Official Election Act to protect the fairness of election.
However, the defendant has no criminal record of the same kind.