Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On May 2, 2017, around 21:50 on May 2, 2017, the Defendant served in front of the Yeongdeungpo-dong Community Service Center located in 53-gil 22, Yeongdeungpo-gu, Seoul, etc., and was attached to the wall.

From among the posters of the 19th presidential election, the C candidate and D candidate's face part of the 19th presidential election, was flicked to flatize the poster to be "x" as "flat."

As a result, the Defendant damaged or removed posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a copy of a statement of handling cases reported 112);

1. Application of the Acts and subordinate statutes governing crimes;

1. Article 240 (1) of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, destroyed the elector’s right to know, the fairness of election, and the utility of election management without justifiable grounds.

However, the Defendant damaged the poster and reported it to 112 on his own.

There was no purpose of obstructing the election campaign of a specific candidate or political intention to influence the election.

In addition, the sentencing sentence shall be determined by comprehensively taking into account the various sentencing factors indicated in the records and theories of the case, such as the defendant's age, sex, circumstances after the crime, and means and methods of the crime.