Defendant shall be punished by a fine of KRW 2,500,000.

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

No one shall conceal, destroy, damage, or seize facilities, equipment, documents, seals, or electoral registers (including a list of reported abodes and shipboard voters) related to the election management and control affairs, such as the forms of voting, ballot papers, tools assisting voting, computer systems, etc.

On June 13, 2018, around 17:50 on June 13, 2018, the Defendant received three copies of voting paper from D polling stations located in Seo-gu Incheon, Seo-gu, Incheon and tried to vote, and the Defendant was removed from voting management officer who had been working outside of the polling station.

Therefore, the Defendant entered a new polling station, put a mark in the ballot box, and tried to put it in the ballot box, and the Defendant destroyed three ballot papers cited by the voting management officer in the name of the examination of the other acts in the ballot box with the corresponding ballot paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the Acts and subordinate statutes to photographs of damaged ballot papers;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of detention in a workhouse (when a suspended sentence is invalidated or revoked, and a fine is not paid in full) under Articles 70 and 69 (2) (100,000 won a day) of the Criminal Act;

1. Scope of applicable sentences by law: Fines of 2,500,000 to 15,000,000; and

2. Not setting the sentencing criteria: Where the sentencing criteria are not set for a violation of the Public Official Election Act due to damage to voting papers;

3. Opinions on sentencing (seven jurors) - Fines 2,500,000, and one year of suspension of execution (nivement).

4. Determination of sentence: Fines of 2,500,000 won and year of suspension of execution.