A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

An elector shall not assault or threaten a candidate who intends to become a candidate in connection with an election, head of a liaison office, election affairs, assistant of election affairs, accountant in charge, election campaign speechmaker or elected person.

On March 12, 2018, around 17:35, the Defendant assaulted a person who wishes to become a candidate for an election in a way of discovering D's name and continuing to sell D's name, and failing D's name, etc., by discovering D's name as a preliminary candidate for an election of the Daejeon Metropolitan City Mayor, Daejeon Metropolitan City Mayor, Daejeon Metropolitan City Mayor at the same time on the 7th anniversary of his discharge from Seoul, on March 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Non-victim photographs, suspect photographs, ctv-fix photographs, ctv image photographs, ctv image photographs, cctv video CD1, ctv video CDs, investigation reports (Analysis of CCTVs at the place of crime);

1. Application of Acts and subordinate statutes to report on investigation (verification of registration of preliminary candidates) (election campaign by preliminary candidates, etc.);

1. Relevant Article 237 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 237 (1) 1 of the Act on the Election of Election of Public Officials;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances in light of the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended sentences according to the sentencing criteria: Non-establishment of the sentencing criteria;

3. Determination of sentence: The defendant committed violence against a preliminary candidate who was under probation one year in the period of an election campaign. The defendant's act is against the purpose of the Public Official Election Act that intends to protect the freedom of election campaign and thus constitutes an act that infringes on important social legal interests beyond the infringement on legally protected interests of the candidate in preparation and infringes on important social interests, and the defendant has several criminal records of violence including punishment. The defendant's responsibility is not weak.

However, it is important to recognize the defendant's mistake and reflect his mistake, and the extent of the defendant's assault.