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, the Defendant damaged the E polling station established in C at the time of 07:00 on June 13, 2018, on the ground that the Defendant, in receipt of three copies of the voting paper, erroneously recorded the voting paper on the ballot paper in the ballot market while entering the polling station, he made a mistake in entering the voting paper in the ballot paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report (G), and investigation report (six pages of investigation records);

1. Application of the damaged statutes on voting paper;

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 has no record of criminal punishment, confessions all of the crimes, and reflects them, and when the defendant erroneously puts his vote on the ballot paper, he returns it and damages his ballot paper without any particular idea in order to receive a new ballot paper, the circumstances of the crime shall be considered.