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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Criminal facts

If a person makes a disturbing speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station or from the polling station, officials in charge of voting management or voting clerks may order him/her to restrain or withdraw from the polling station, and in such cases, the person so ordered shall not refuse it.

On June 13, 2018, at around 14:50, the Defendant: (a) 7 times in Sungnam-gu, Sungnam-gu, Seoul Central Election Co., Ltd., in front of the dong provincial election C, and (b) was aware of the polling station for smoking; (c) d promptly; (d) d promptly; (e) dyspis cast their votes; and (e) dyspis, even before they cast their votes.

D. Around 20 minutes until the police officer who received the report arrives at the site, the voting clerk did not comply with the order to stop and withdraw the disturbing words and actions and the candidate for a specific political party by sounding that the pit is grow up as soon as possible. A voting clerk did not comply with the request to stop and withdraw three times, but the voting clerk did not comply with the order to stop until the police officer in receipt of the report arrives at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to a report on internal investigation (verification of a voting clerk's relative position and eviction order);

1. Article 256 (3) 2 (f), and Article 166 (1) of the Public Official Election Act concerning criminal facts and the selection of penalties;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses - The Defendant was unable to bring a disturbance, such as speaking in opposition to a specific candidate before the polling station on the election day, and there is a need for the corresponding punishment in order to prevent the over-election and ensure fair competition among the candidates - On the other hand, the Defendant’s confession, reflect, and not repeating the crime is relatively insignificant in light of the background of the crime, the form of the act, the degree of the disturbance, etc.