Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall obstruct or damage any preparation, posting, posting, posting or installation of posters, placards or other publicity facilities under the Public Official Election Act without any justifiable ground.
Nevertheless, around 05:18 on April 6, 2016, the Defendant removed and damaged campaign posters posted by candidates D, E, and F’s pictures, summary records, etc., which were attached to the above school outer walls under the Public Official Election Act, in his/her hands without justifiable grounds, on the roads of the Jung-gu Seoul Special Metropolitan City Uniform High School of 30,00 U.S. in front of the said 30-gil foreign language high school.
Accordingly, the defendant damaged campaign posters under the Public Official Election Act without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. The table of requests for appraisal and acceptance (2016-M18495);
1. On-site photographs, a video CD, and a screen image data to capture (spicts)-spicing conditions, etc.:
1. Investigation report (the report to confirm the fact that this campaign poster corresponds to the campaign poster submitted to the election commission) and the application of e-mail statutes;
1. Relevant Article 240 (1) of the Public Official Election Act and Article 240 (1) of the same Act concerning criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: Fine not exceeding 4 million won;
2. Determination of sentence: The defendant of a fine not exceeding 300,000 won, without any justifiable reason, damages campaign posters under the Public Official Election Act to the right to know the elector, the fairness of election, the utility of election management, etc.;
However, the Defendant, while under the influence of alcohol, has led to any contingent crime of this case, and has been seriously reflected in recognizing the crime of this case.
The defendant is an initial offender who has no record of criminal punishment.
Also, the address of the defendant is South Korea, while the campaign posters damaged by the Seoul Metropolitan Government Council members are the special election of the Seoul Metropolitan Government Council members, and the posters for the specific candidates are the posters.