Defendant shall be punished by a fine of KRW 2,500,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall damage a ballot paper.

Nevertheless, the Defendant, at around 10:30 at the D polling station established in North-gu, Northern-gu, B, requested an additional ballot paper to the election campaign worker at the 21st election of the National Assembly member of the National Assembly. However, when the above election campaign worker rejected it, the Defendant’s refusal of it, thereby damaging the E-representative ballot paper in his hand.

Summary of Evidence

1. The protocol of seizure and the list of seizure of the police officers regarding F’s statement in court;

1. Application of Acts and subordinate statutes to the investigation report on a ballot paper, a copy of the electoral register No. 1, which is a seized article, damaged inspection record (related to attaching a copy of the electoral register

1. Relevant Article 244(1) of the Public Official Election Act concerning criminal facts and Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation of punishment (the following favorable circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing of detention in a workhouse (when a suspended sentence of execution of punishment is invalidated or revoked and a fine is not paid) under Articles 70 (1) and 69 (2) of the Criminal Act (100,000 won a day);

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

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. Determination of sentence: A fine not exceeding 2.5 million won, or a crime of this case with a suspended sentence of one year is to tear a ballot paper at a polling station, and it cannot be deemed that the crime of this case is light because the defendant is likely to interfere with the smooth performance of election affairs and harm the peace and fairness of election.

However, when the defendant acknowledges the crime of this case and reflects the mistake, and the defendant knew that he cannot receive a re-issuance of the ballot paper after misunderstanding the ballot paper on the ballot paper, he committed the crime of this case somewhat contingent.