Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant committed the following crimes under the status that the Defendant had the ability to discern things or make decisions due to early illness:

On May 9, 2017, the Defendant was a voting witness on the 19th presidential election day, and the victim C was in charge of voting management.

No person shall assault, threaten, induce, or illegally arrest or detain a member or employee of an election commission, a member of an election fraud surveillance group, a member of an election fraud surveillance group, a voting clerk, an advance polling clerk, a ballot counting clerk, a witness, or any other person who is engaged in election affairs.

Nevertheless, the Defendant, at around 17:40 on May 9, 2017, was able to receive travel expenses from E high schools in Bupyeong-gu, Incheon, Bupyeong-gu D 1, and from 12:49 to 18:49 hours after the time of arrival in the polling station, the Defendant demanded the victim to pay travel expenses in advance. However, the Defendant was refused to pay travel expenses from the victim on the ground that the time of paying travel expenses for the voters was not the time of paying the voters, and the Defendant assaulted the victim on the part of walking once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to medical certificates, certificates of entry/discharge;

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 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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 grounds for sentencing).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 1.250,000 to 7.5 million won;

2. Determination of sentence: The crime of this case, which is a fine of KRW 1.5 million, is committed by assaulting a victim who is in charge of general affairs concerning voting management at the voting place where an election for public office, which is the basis of democratic politics, is committed.