Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Criminal facts

No person shall damage or remove posters, placards or other propaganda facilities under the Election of Public Officials Act without justifiable grounds.

Nevertheless, at around June 4, 2018, the Defendants discovered that there is a street banner from F candidate G belonging to E political party, which does not support them on the side of the road near the Do apartment street in Ischeon-si, Leecheon-si. Defendant A turned down the above distance banner against the left hand in a way that the lower part of the above distance banner is cut down by hand, and Defendant B cut down the above distance banner by means of cutting down the right side part of the above distance banner at the left hand.

As a result, the Defendants conspired to damage the banner under the Public Official Election Act without any justifiable reason.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each police statement made to H and I;

1. A report on the occurrence of a banner damage incident, a report on internal investigation (the analysis of CCTV around the site of this case), a report on internal investigation (the tracking of a suspected person's moving route-J), a report on internal investigation (the tracking of a suspected person's moving route), a report on internal investigation (the identity of a suspected person), and a report on investigation (CCTV image analysis);

1. Details of orders, credit card sales slips, and information replies by credit card subscribers;

1. Application of the statutes governing field photographs and CCTV video storage CDs;

1. The Defendants: Article 240 (1) of the Act on the Election of Public Officials and Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The defendants of the provisional payment order: Determination on the defendants B and the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act

1. The purport of the assertion is that Defendant A was sounding a banner by the tear when Defendant A teared, or there is no fact of tearing the banner together with Defendant A.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this Court are determined.