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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No one shall conceal, destroy, damage, or seize facilities, equipment, documents, seals, or elector lists related to the election management and control affairs, such as a ballot paper, ballot paper, aid for voting, computer system, etc.
Nevertheless, the Defendant, at around 11:35 on June 13, 2018, at the “D polling station” located in Jinjin-gun C, on the ground that he did not show the official bulletin of the Superintendent of the Office of Education, and on the ground that he was delivered from the voting office clerk, he cut one copy of the voting paper for the superintendent of education election, one copy of the voting paper for the superintendent of education, one copy of the voting paper for the superintendent of education, and one copy of the voting paper for the superintendent of education, which
Accordingly, the Defendant damaged the voting paper.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to voting records (D polling stations), damaged ballot papers photographs;
1. Article 244 (1) of the Act on the Election of Public Officials and the Selection of fines concerning facts constituting an offense, Article 244 of the Act on the Election of Public Officials;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. The scope of punishment by law: A fine of not less than 2.5 million won but not more than 15 million won;
2. Scope of the recommended sentencing criteria: The fact that the sentencing criteria are not set.
3. Determination of sentence: The crime of this case 1 year of suspended sentence of a fine not exceeding 2.5 million won is that the defendant tears the form of voting at the voting place in which an election for public office is held, and such an act is likely to impair the peace of voting and interfere with the smooth performance of election affairs, and thus, cannot be deemed to be mitigated.
However, the defendant recognized the crime of this case in depth, and there is no record of criminal punishment except twice fines due to the crime of this case, and the defendant was not able to decide the candidate of the superintendent of education.