Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

Nevertheless, in relation to the 19th presidential election implemented on May 9, 2017, the Defendant teared the above banner by using the key of the vehicle owned by the President D, a candidate of the C Party, for the reason that the passage of the electoral banner installed at the 19th presidential election, at around April 25, 2017, at the Jeonpo-dong located in Busan-gu, Busan-gu, Busan-do.

Accordingly, the defendant damaged the election banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to each internal report, each photograph (for a time 2, 3), each image feste (for a time 6, 7, 8) and a suspect moving route;

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. Scope of applicable sentences: Fines of 50,000 to KRW 4,000,000;

2. The sentencing criteria are not set for offenses against which the sentence is decided; and

The Defendant destroyed the electoral banner without any justifiable reason.

Such election crimes are not suitable in that the elector's right to know, the fairness of election, and the efficiency of election management.

However, the defendant does not have the same criminal records.

The Defendant does not seem to have committed the instant crime with any political intent or purpose.

The accused is dissatising his wrongs.

In the above circumstances, the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the instant pleadings, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.