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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 4, 2018, at around 03:50, the Defendant laid off the above election banner on the ground by putting the face of the candidate for the president of the Daegu-gu E-Metropolitan City (G political party, falling) of the head of the Si-gu Seoul Special Metropolitan City, which was located in Daegu D Hospital No. 2 in Daegu C, on the front side of the entrance, on the ground that the face of the candidate for the F (G political party, falling), which was installed in the roadside, appears to be happy.

Accordingly, the Defendant damaged the electoral banner without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on site photographs and portable painting 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. Scope of punishment by law: A fine not exceeding four million won;

2. Scope of the recommended punishment according to the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: A fine of KRW 500,000, the Defendant, without good cause, destroyed an election banner under the Public Official Election Act, thereby impairing the elector’s right to know, fairness of election, utility of election management, etc., and thus, is not less complicated.

However, considering the favorable circumstances, the fact that the defendant led to the crime of this case and reflects the fact that there is no previous criminal record, and that it is only a contingent crime in the state of the main crime, and that it is not deemed that the defendant had an intention to obstruct the election campaign of a specific candidate, the punishment as set forth in the order shall be determined.