No person shall damage a voting paper.

On June 13, 2018, at C polling stations established in Hongcheon-gun B around 11:19 on June 13, 2018, the Defendant damaged the ballot paper of Hongcheon-gun by hand on the ground that he erred in marking his ballot paper on his ballot paper with respect to simultaneous nationwide elections.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 244 (1) of the relevant Act concerning facts constituting a crime and Article 244 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. A fine of 2.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of this case for the reason of sentencing under Article 59(1) of the Criminal Code of the suspended sentence is under way to infringe the peace of voting and interfere with the smooth performance of election affairs by arbitrarily damaging the voting paper at the polling station where an election for public office is being held, and thus, the criminal liability is not easy.

However, in light of the previous and previous circumstances, the defendant mismarked another candidate who is not the candidate he wanted, but has caused the crime of this case by contingently, and it does not seem that the defendant had an intention to harm the fairness of election or to interfere with election affairs, and there was no particular disturbance.

The defendant shows the attitude that the defendant was able to reflect by recognizing his mistake, and there is no past history of punishment against the defendant.

In addition, the contents and results of the instant crime, the sentencing elements of the Defendant, including the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the instant crime, the circumstances after the crime, the prosecutor’s life penalty (2.5 million won), etc., shall be considered, and the sentence of the Defendant shall be suspended as ordered.