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

No person shall damage posters under the Election of Public Officials Act without justifiable grounds.

On April 1, 2016, the Defendant, at around 22:30, was under the influence of alcohol in Seoul C lending, and without any justifiable reason, attached on the wall of Bara on any ground.

The poster of the candidate for the election district in the 20th National Assembly member was opened in two hands, and was removed from the floor.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes Serial 2 of field photographs (Evidence List Serial 2);

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. The sentencing criteria are not set for a violation of the Public Official Election Act as stated in the grounds for sentencing of 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: The crime of this case, which committed a fine of KRW 500,00,00, was removed for the reason that the defendant was found to have been dissatisfed, and the crime of this case was committed on the relevant election day, and the crime of this case was imminent, and the crime of this case was committed on the relevant election day, and the damage to the elector's right to know, the fairness of election, and the utility of election management were harmed, etc.; the defendant did not have any record of criminal punishment prior to the crime of this case; the defendant was deemed to have committed the crime of this case in the absence of any record of criminal punishment prior to the crime of this case; the defendant was deemed to have committed the crime of this case in a contingent way while under the influence of alcohol, and there seems to have been some aspects to be taken into account, such as the fact that there was no political intention to influence the election, or that there was no purpose to interfere with the election campaign of a specific candidate.