The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall damage a voting paper.

On April 13, 2016, at E polling stations established in D elementary schools located in C around 11:40 on April 13, 2016, in relation to the election of the 20th National Assembly members, the Defendant, despite the proposal of voting management officer, carried the son of a child attending school into the balloting booth and cast a vote, and then, the voting management officer again eliminated the intention to put them into the ballot box, thereby damaging the form of proportional representation voting by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notification of investigative data of the G Election Commission, and application of statutes governing copies of voting records;

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. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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) to attract a workhouse;

1. The defendant's defense counsel's defense counsel's assertion of Article 59 (1) of the Suspension of Pronouncement of Punishment Act (the following sentencing should be taken into consideration) asserts that the invalid ballot paper cannot be punished under Article 244 (1) of the Public Official Election Act, regardless of whether the crime of damage to public goods or damage to property is established, since the defendant's defense counsel's defense counsel's disclosure to the defendant's children before the damage to the voting of this case was made invalid.

The purpose of punishing public offices as stipulated in Article 141(1) of the Criminal Act, such as damage or concealment of documents used by public offices as stipulated in Article 141(1) of the same Act, such as concealment, destruction, damage, etc. of documents related to election management and control affairs, is to protect election management and control affairs more strictly than general public duties in order to ensure the fairness of elections. Thus, the term "voting place" as stipulated in the above Article of the same Act is the Gu/Si/Gun.