The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall damage a voting paper.

On May 9, 2017, the Defendant: (a) at the 19th presidential election D polling station established in the 19th presidential election in Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-si; (b) at the 19th presidential election D polling station established in the Republic of Korea, the registered number informed by the voting office members was verified by the personal information on the wind, and damaged the form of the vote cited in her hand by her hand.

Summary of Evidence

Application of the police statement law to the defendant's legal statement E

1. Article 244 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 244 of the Act on the Election of Public Officials;

2. 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).

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

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

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

1. Scope of applicable sentences under the law reduced amount: Fines of 2.5 million won to 15 million won;

2. The crime of this case, which is determined to be sentenced, is that the defendant tears the form of voting at the voting place where an election for public office is held, and that the crime of this case is minor by impairing the peace of voting and hindering the smooth performance of election affairs;

shall not be deemed to exist.

However, the defendant does not commit a second offense against the defendant's mistake.

In addition, the defendant did not have any intention to impair the fairness of election and to commit any contingent crime after confirming the continued status of the defendant.

In light of the fact that the defendant seems to have been sentenced to a fine and the fact that the defendant has no criminal record exceeding the fine, the sentence for the defendant is suspended considering various sentencing conditions, such as the defendant's age, sexual conduct, health conditions with which the defendant has a cerebral disability.