Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

No person shall obstruct the preparation, posting, posting or installation of posters, placards and other propaganda facilities under the Public Official Election Act, or damage or remove them without any justifiable reason.

On June 3, 2014, at around 23:38, the Defendant removed the poster of a candidate for the nationwide local election at the 6th local constituency, which was posted on the apartment fence by the Yangcheon-gu Seoul Election Commission without justifiable grounds, in front of 201 Dong-dong, Yangcheon-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the Public Official Election Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfavorable circumstance that the Defendant damaged the poster, which is an election campaign material, in light of the legislative intent of the Public Official Election Act, which intends to protect the elector’s right to know, fairness of election, utility of legitimate election management, etc.

It shall be taken into consideration in favorable circumstances, such as the fact that there has been no history of punishment for the accused except twice fines, that the accused has committed the instant crime by contingency under the influence of alcohol, and that there is no political intent or purpose to influence the election.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, and circumstances after the crime.