Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

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

On May 31, 2018, the Defendant removed, at around 09:00, 7 times nationwide, one banner of a candidate for a political party E (the present winner) in the local simultaneous election D market, and one banner of a candidate I (the present winner) for a candidate for a candidate for a candidate for a political party H in the local constituency G constituency in D City, on the ground that he/she puts a public relations banner for the “J” restaurant operated by each of the Defendant, with a tool attached with the kitchen knife attached to the “J” restaurant operated by each of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to field photographs, removal placards photographs, photographs of criminal tools, and CCTV-cap photographs;

1. Article 240 (1) of the Act on the Election of Public Officials in regard to the facts constituting a crime and Article 240 (1) of the Act on the Election of Public Officials;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes against a violation of the Public Official Election Act due to damage of banner of a candidate for a political party E-party of a political party, which has a heavier 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. Scope of applicable sentences under law: Fines of 50,000 to 6,000,000;

2. Determination of sentence: 800,000 won Defendant removed and damaged two banners.

Election banner damage is a crime that infringes on the elector's right to know, the fairness of election, and the efficiency of election management, and should be strictly regulated in light of the importance of election.

In this respect, the quality of the defendant's crime is not weak.

However, considering the facts that the defendant recognized each of the crimes in this case and reflected in the circumstances favorable to the defendant, the arguments in this case are shown in the defendant's age, sex behavior, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime.