Defendant shall be punished by a fine of KRW 1,000,000.

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

Criminal facts

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.

Nevertheless, at around 02:57 on April 30, 2017, the Defendant found the 19th presidential election poster installed in the pents in the place where it was in harmony because it was not easily unfolded, and thereby damaged the poster by putting the end of the poster in hand and breaking it out.

Accordingly, the Defendant damaged the poster for the 19th presidential election under the Public Official Election Act without any justifiable reason.

Summary of Evidence

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

1. A criminal investigation report (attaching damaged photographs);

1. Application of the Acts and subordinate statutes to CCTV photographs and clothes taken by suspects;

1. Article 240 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 240 of the Act on the Election of Public Officials;

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. Fines of 50,000 to 4,000,000 won within the applicable range of punishment; and

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case, which was sentenced to a fine of KRW 1,00,000, is not likely to be committed in that the Defendant, by opening the poster for the 19th presidential election, damaged the elector’s right to know, the fairness of election, and the efficiency of election management.

The Defendant had been sentenced to three times of punishment, one time of suspended execution, and five times of fine, and even if, even though he was in the period of repeated crime, he did not go through and again committed the instant crime. Therefore, the Defendant needs to be subject to strict punishment corresponding to his act and liability.

However, it is political that the defendant recognizes all of the crimes of this case at the investigation stage, and intends to benefit a specific candidate.