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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
No one shall obstruct the preparation, posting, posting, posting, or installation of posters, placards, or other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.
Nevertheless, the Defendant, from around 19:00 on July 20, 2014 to around 20:00 on the same day, destroyed each of the election placards and campaign posters on seven occasions, as shown in the list of crimes in the attached Table, on July 30, 2014, which was posted at the election commission in accordance with the Public Official Election Act. On July 30, 2014, the Defendant discovered a banner of the E candidate sent to the re-election of the National Assembly member and destroyed the face of the E candidate on several occasions on the ground that the face of the E candidate was in conflict.
In this respect, the defendant damages one and six campaign posters for the re-election of National Assembly members under the Public Official Election Act without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the scene photographs, the second poster damaged, and each CCTV crime scene;
1. Relevant provisions of the Act and Article 240 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (where concurrent crimes are committed due to damage to the heavy election banner, the number of concurrent crimes prescribed in the Public Official Election Act due to the violation of the Public Official Election Act);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the Defendant, without any justifiable reason, damages the election banner and poster under the Public Official Election Act, thereby impairing the fairness of election and the utility of election management.
However, the defendant led to the confession of the crime of this case and reflects his depth in depth, and the defendant did not have any malicious sentiment or political intent to a specific candidate.