A defendant shall be punished by a fine of 500,000 won.

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

Criminal facts

No person shall interfere with or damage the preparation, posting, posting or installation of posters, placards or other publicity facilities under the Election of Public Officials Act without any justifiable ground.

On April 11, 2016, around 01:40, at the front of the Seoul Special Metropolitan City, the Defendant removed and damaged an election poster on which the pictures, history, etc. of the candidates for the 20th National Assembly member election D, which was attached on the wall of the above 20th National Assembly member in accordance with the Public Official Election Act, were posted by the Defendant, without justifiable grounds.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment of documentary evidence and video CDs), investigation report (verification of constituency within the jurisdiction of the suspect's domicile: National Assembly members D constituency, Seoul Special Metropolitan City Council members J constituency), investigation report (Attachment of poster, posting place and suspect's residence photograph), investigation report (Attachment of election poster and candidate's poster photograph); and investigation report (Attachment of election poster and candidate's posters);

1. Application of CCTV-related Acts and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, without good cause, destroyed the poster for election under the Election of Public Officials Act, thereby impairing the elector’s right to know, the fairness of the election, and the utility of the election management, etc., the liability for the relevant crime is not easy.

However, the Defendant is deemed to have committed the instant crime in a contingent manner under the influence of alcohol without the purpose of obstructing a political intent to influence the election, or a legitimate election campaign by a specific candidate.

In addition, the defendant has no record of criminal punishment except for the previous offense of fine.

The above circumstances are considered as favorable to the defendant.