The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No one shall conceal, destroy, damage, or seize a seal of facilities, equipment, and documents related to the election management and control affairs, such as an aid for voting in the ballot paper and a computer system, or a list of electors.

Nevertheless, on June 13, 2018, at E-2 polling stations established in D elementary schools located in B in B on June 12:10 on June 13, 2018, the Defendant received three copies of voting paper and made a false entry in the voting paper at the balloting booth, and requested the election clerk to replace the voting paper. However, as the Defendant refused it from the election clerk, the Defendant teared one of the above voting paper in both hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the occurrence of a public service act, and investigation report (violation of Acts on election of public officials);

1. Application of the Acts and subordinate statutes governing damaged voting papers;

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 (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Penalty fine of 2,500,000 won to be suspended;

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

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) of the suspended sentence;

1. The scope of applicable sentences: Fines of 2.5 million won to 15 million won;

2. Scope of the recommended sentences according to the sentencing criteria: The same shall not apply to the case where the sentencing criteria are set;

3. The reason for the suspended sentence (the suspended sentence of KRW 2,500,000) of the Defendant’s crime of this case is that there is a risk of undermining the peace and fairness of the election, and that as a result, it prevents the smooth performance of election affairs, the nature of the crime is not easy.

However, the defendant led to the confession and reflect of all crimes as the first offense, and when the defendant made a false entry in the voting paper, he thought that he is fine and damages his voting paper.