The sentence of sentence against the defendant shall be suspended.

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.

Nevertheless, on May 5, 2017, the Defendant requested re-issuance of the voting paper to the electoral office at the seat of Songpa-gu Seoul, Seoul, on the grounds that the advance polling for the 19th presidential election was erroneously recorded in his/her voting paper, but the above electoral office responded to the purport that the re-issuance of the voting paper was not possible, and the voting paper put up two to three times in two hands.

Accordingly, the Defendant damaged the ballot papers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the voting management record;

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. 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)

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 following grounds for sentencing) of the suspended sentence

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

2. The scope of the sentencing criteria set on the recommendation criteria; and

3. The crime of this case with the sentence of sentence is that the defendant tears the form of voting at the voting place where the election for public office is held, and such an act infringes on the peace of voting and interferes with the smooth performance of election affairs, and thus cannot be deemed to be light.

However, the defendant recognized the crime of this case and repents the wrongness in depth, and there is no record of criminal punishment except for a single fine due to a crime of this kind, and the defendant is at the polling station.