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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
At around 11:00 on December 5, 2012, the Defendant, within the construction site of the DMyeon Office in 11:00, was impule by using an inflammable tool in front of the DMyeon Office in Damcheon City, to the banner of F (G party), which is a candidate for the 18th presidential election, established in the said site by using an inflammable tool, so that he can tear the said banner.
As above, the Defendant damaged the banner under the Public Official Election Act.
Summary of Evidence
Witness
Judgment as to the defendant's assertion of H, I, and J's respective legal statements (damage of banner), photographs (suspect A), and photographs (suspect A)
1. The alleged Defendant did not destroy a banner as indicated in the facts charged (hereinafter “instant banner”).
2. Determination
A. According to the above evidence, the following facts are acknowledged.
① Around 2 to 3 days prior to the instant case, the J had a person in charge of the “E” construction site in front of the Do Office of Macheon-si, and there was a gap between the Defendant and the Defendant on several occasions.
② At around 11:00 on the day of the instant case, J considered the Defendant’s use of the instant banner to damage the instant banner and enter the confection by putting it over the construction safety line installed by the Defendant at the construction site and several times.
③ Since then, H reported that the front face of the instant banner was teared, and told H that “I teared the banner,” and the J explained H that “I teared the banner,” and explained H that “I would teared the banner.”
④ The H reported the fact that the instant banner was damaged at the K box, and the police officer I dispatched after receiving a report that “The Defendant is a criminal offender in light of the appearance explained by the witness, although he/she is unaware of who was the criminal.”
(5) The I finds the defendant discharged from the control points adjacent to the scene of the crime and voluntarily carried out by the police box, and the appearance of the defendant in this process.