A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The preparation, posting, or installation of posters, placards or other publicity facilities under the Election of Public Officials Act shall not be obstructed or damaged without any justifiable reasons.

On April 5, 2016, the Defendant: (a) in front of the Daejeon Seodong C Building on April 04, 2016; (b) considered that the banner under the F candidate’s Public Official Election Act, which was run in the Daejeon District for the election of the 20th National Assembly members, would interfere with one’s own convenience store business; and (c) linked the so-called “slider knife” at the end of cleaning, cut off the line of the said banner, thereby making the banner fall off on the floor so that the banner cannot be seen properly.

As such, the Defendant damaged the banner installed by the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of on-site photographs, convenience points ctv image photographs, and Acts and subordinate statutes concerning criminal tools photographs;

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 scope of punishment by law: Fine not exceeding 4 million won;

2. Determination of sentence: Determination of sentence: The damage of an election banner on the ground that a fine of KRW 500,000 does not interfere with one’s own convenience store business is less vulnerable to the nature of the crime in that it impairs the right of elector’s right to know, the fairness of election, and the efficiency of election management; however, the criminal intent or purpose of the defendant’s mistake is divided and closely reflected, the political intent or purpose to influence the election seems to have never existed, and the defendant has no previous conviction, etc. taking into account favorable circumstances, and the defendant’s age, environment, motive, means and consequence of the crime, and the various sentencing factors indicated in the argument of this case, such as the circumstances after the crime, shall be determined by comprehensively taking into account the following factors.