Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 21, 2017, at around 14:25, the Defendant stated the 19th presidential election commission established in the same place in front of the building B in Gwanak-gu, Seoul Special Metropolitan City, that “The Defendant’s 19th presidential election candidate poster (52cm in width, 77cm in length) photograph C party D (52cm in length and 77cm in length) will be able to read “the spirit of the 19th presidential election commission in the color of the 19th presidential election.”
Accordingly, the defendant damaged the poster installed by the Public Official Election Act without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on internal investigation (verification and attachment of credit card slips by a suspected person on credit cards);
1. Responses to the request for personal information of the non-chron card members;
1. Application of each Act or subordinate statute of a CD, such as field photographs ( CHAPTER VIII), field photographs, and CCTVs;
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. The range of punishment by a fine not exceeding four million won;
2. The scope of the sentencing guidelines is not set. 3. The crime of this case, among the 19th presidential election posters installed by the Defendant on the street, is likely to damage the poster by stating the desire on the poster of a specific candidate, and thus to undermine the fairness of election and the efficiency of election management.
However, the defendant recognized all the crimes of this case, and tried to commit the crime with a political interest, such as the fact that the defendant appeared to be against others, and try to benefit a specific candidate.
In light of the fact that the defendant does not seem to have any criminal record of the same kind, and other various sentencing conditions specified in the records of the case, such as the defendant's age, sex, environment, and circumstances before and after the crime, the punishment shall be determined as ordered.