"Campaign Promises and Glares Made Me Uncomfortable..." Male Fined for Damaging Heo Kyung-young Election Poster

by Kim Daehyun

Published 21 Aug.2021 11:05(KST)

Election posters of Seoul mayoral candidates are posted on a street in Yeongdeungpo-gu, Seoul, ahead of the April 7 by-election. Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Kim Daehyun] A man who damaged the election poster of Heo Kyung-young, the candidate of the National Revolutionary Party in the April 7 Seoul mayoral by-election, because he disliked the election pledges and the candidate's gaze, was sentenced to a fine.

According to the legal community on the 21st, the Criminal Division 34 of the Seoul Central District Court (Presiding Judge Heo Seon-ah) recently sentenced A (43) to a fine of 500,000 won on charges of violating the Public Official Election Act.

Earlier, A was brought to trial on charges of damaging the eye and mouth parts of the election poster photo of Heo Kyung-young, the National Revolutionary Party candidate for the April 7 Seoul mayoral by-election, with a lighter and cigarette fire around 2 a.m. on March 28 in Gangnam-gu, Seoul.

Article 240, Paragraph 1 of the current Public Official Election Act stipulates that "anyone who, without justifiable reason, obstructs the creation, posting, or installation of election posters, or damages or removes them, shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won."

In court, A's side admitted the charges but appealed, saying, "I was in a state of diminished mental capacity because I was unable to take medication for about 6 to 7 days due to mental health difficulties." They also submitted a statement suggesting that "I was mistaken that God instructed me."

However, the court did not accept the claim of "diminished mental capacity." The court pointed out, "It is acknowledged that the defendant received medication treatment, but the defendant had social gatherings with acquaintances without any particular problems before and after the crime, and according to CCTV footage, there appears to be no special problem with situational awareness and behavioral control."

Furthermore, the court added, "The defendant stated the motive for the crime as 'I felt bad because the candidate's previous statements about levitation and the election pledge to pay 300 million won in dividends written on the election poster seemed like nonsense,' and 'the candidate's gaze was strange and the phrases seemed like a scammer.' Considering that the defendant was heavily intoxicated when damaging the election poster based on this motive, it does not appear to be an act far outside the scope of a normal person."

Additionally, the court explained the sentencing rationale, saying, "The defendant's guilt is not light as it harmed voters' right to know and the fairness of the election, but it appears there was no political intention or purpose to influence the election, and the defendant shows an attitude of admitting and reflecting on his wrongdoing and has no prior criminal record."