A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 29, 2014, around 06:20 on May 29, 2014, the Defendant: (a) laid the propaganda posters of candidates for the nationwide local election (a candidate 23 propaganda posters) in hand, which were set up by the 6th election commission at the wall of Suwon-si, Suwon-si, and attached to the wall of the 924 Suwon-si, Suwon-si, the Defendant damaged them by means of removing them by hand, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of departments related to the 112 Incident report, each investigation report (Evidence Nos. 2, 4, 7, and 8) and the application of Acts and subordinate statutes to investigate and report the expected place to be attached to the election wall;

1. Article 240 (1) of the Public Official Election Act applicable to criminal facts and Article 240 (1) of the Election Act;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing following the suspended sentence) damages campaign posters without justifiable grounds, in light of the following: (a) the accused’s right to know, the freedom and process of election campaigns, the purpose of legislation of the Public Official Election Act to protect the legitimate election management, and the form and method of the crime, etc.

However, the court shall take into account the circumstances favorable to the defendant such as the fact that the defendant has no criminal records heavier than the suspension of execution, the fact that the defendant has committed a crime and is in profoundly against the defendant while making a confession, and the fact that the defendant does not seem to have any intention to influence the election, etc., as well as other various sentencing conditions specified in the records of this case, such as the age, character and behavior, environment