Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

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 shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled to withdraw from the polling station or beyond the restricted distance, and no person shall refuse any order issued by the officials in charge of voting management or voting clerks.

At around 07:50 on April 15, 2020, the Defendant refused to vote at the “D polling station” on the third floor of the Cdong Community Service Center in Seongbuk-gu Seoul, Seoul, even if the voting place was not designated under the influence of alcohol, despite being asked by E, who is an official in charge of voting management, and refused to vote at a several times, and “in this case, he is residing in Cdong, and he does not cast any vote; he does not cast any vote; he does so for about 10 minutes, such as “I am residing in Cdong, I am going to cast the vote”; and did not comply with the order of expulsion and evacuation of the official in charge of voting management.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements related to E (prior notice of appointment to officials in charge of voting management (prior notice);

1. Application of the relevant Acts and subordinate statutes to video CDs and photographs;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act does not mean that the Defendant’s responsibility is somewhat weak in light of the purport of the Public Official Election Act, in which the Defendant, while drunk at the 21st National Assembly election polling station, seeks to ensure fair and peaceful voting procedures by failing to comply with the expulsion and eviction order of officials in charge of voting management.

However, the fact that the defendant confessions all of the crimes of this case and reflects his mistake, that the defendant has no criminal record for the same kind of crime, and that the political intent or purpose is to influence the election.