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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 5, 2012, at around 01:30, the Defendant damaged the poster by putting the secret tape (60cm) on the C candidate’s photograph of the 18th presidential election poster, which was set up on the wall by the election commission, on the ground that C candidate, who was going to the 18th presidential election, was not in mind at the street inside the Busan-do Busan-dong 2, Busan-dong 2, 473-11, the 18th presidential election campaign.

Accordingly, the Defendant damaged posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the status of service of an election criminal investigation room; and

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant damages campaign posters without any justifiable reason. In light of the purpose, etc. of the Public Official Election Act, which intends to protect the fairness of election and the freedom of election campaign, the nature of the crime is not easy.

However, the decision is made as ordered by taking into account the following factors: the Defendant’s mistake is over and against his own mistake; the Defendant’s intention to influence the election is not deemed to have been intended; the Defendant has no record of being punished for the same kind of crime; and the Defendant’s age, character and conduct, environment, and circumstances after the crime, and all the sentencing conditions specified in the present argument, such as the Defendant’s age